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Dismissal of employees who carry ‘weapons’ while striking

The Labour Appeal Court in Pailprint (Pty) Ltd v Lyster N.O and Others had to determine whether the presence of weapons (sticks, PVC pipes, sjambok, golf club and an axe) during a strike will render picketers unprotected against disciplinary action. Introduction In the matter between Pailprint (Pty) Ltd v Lyster N.O and Others[1] the Labour…

Further developments on resignation “WITH IMMEDIATE EFFECT”

In the matter of Naidoo and Another vs Standard Bank SA Ltd and SBG Securities (Pty) Ltd (Case No: J1177/190) the Labour Court held that when an employee resigns with immediate effect, the employment relationship ends and accordingly an employer has no power to discipline an employee if such employee has resigned before the date…

Derivative misconduct in a strike context analysed by the Constitutional Court

In the matter between NUMSA obo Khanyile Nganezi and Others V Dunlop Mixing and Technical Services (Pty) Ltd and Others, the Constitutional Court analysed the origin, development and application of the concept of derivative misconduct. The Court held that it would be wrong to rely on a duty to disclose as a valid and fair…

The deeming provision: Temporary employment services

GIWUSA obo Mgedezi and others v Swissport SA (Pty) Ltd and The Workforce Group (Pty) Ltd Section 198A of the Labour Relations Act, 66 of 1995 (as amended) (“LRA”), provides the following: (3) For the purposes of this Act, an employee – (a) performing temporary services as contemplated in subsection (1) for the client is…

Employment Equity Amendment Bill

The Employment Equity Bill proposes a number of changes which seek to shape the employment equity landscape and will cause companies to have to change their practices significantly in certain respect. The Employment Equity Amendment Bill, 2018 (“the Bill”) was published for public comment in late 2018 as were proposed amendments to the Employment Equity…

Employment Law Consulting

ConCourt Judgments in 2018 on race-related misconduct

The court’s decisions in Rustenburg Platinum Mine v SAEWA obo Bester and Others and Duncanmec (Pty) Ltd v Gaylard N.O. and Others set out principles on how employers are required to deal with race-related misconduct in the employment environment Rustenburg Platinum Mine v SAEWA obo Bester and Others [2018] ZACC 13 In a unanimous judgment,…

No representations before suspension, says ConCourt

Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7 In its judgment in Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7, the ConCourt held that an employer is not required to give an employee an opportunity to make representations prior to the employee being suspended. The court confirmed…

Employment Law Consulting

Labour laws amendment bill signed into law by president Ramaphosa

The amendments introduce adoption leave, parental leave and commissioning parental leave. On 23 November 2018, President Cyril Ramaphosa signed the Labour Laws Amendment Bill into law. These amendments will give employees the right to take parental leave, adoption leave and commissioning parental leave, all of which were not previously statutorily regulated. The Bill also provides…

Employment Law Consulting

National minimum wage bill will be signed into law by president Ramaphosa

The National Minimum Wage Bill, 2017 (“the Bill”) has been signed into law by President Cyril Ramaphosa and the National Minimum Wage Act (“the Act”) will come into force on a date to be determined by the President by proclamation. Contrary to belief in certain quarters, the national minimum wage (“NMW”) will not be effective…

Employment Law Consulting

Employees can no longer unilaterally resign with immediate effect

Coetzee v The Zeitz MOCAA Foundation Trust and others [2018] ZALCCT 20 Previous case law In the case of Mtati v KPMG Services (Pty) Ltd (2017) 38 ILJ 1362 (LC), the Labour Court found that, after having resigned by giving notice, an employee is entitled to terminate his or her contract of employment by way…