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Name Calling

Can an employee get dismissed fairly for referring to a fellow employee as a ”Swartman”? Not Always

SAEWA obo Bester v Rustenburg Platinum Mine and Another (JA45/16) [2017] ZALAC 23 (3 May 2017) BACKGROUND “On 28 May 2013, the Rustenburg Platinum Mine (“RPM”) dismissed Mr. Meyer Bester on the grounds of insubordination and making certain racial remarks. On 24 April 2013, Mr. Ben Sedumedi and other colleagues held a safety meeting. While…

Traditional healing

Medical Certificates From Traditional Health Practitioners

There has been an ongoing debate as to whether or not an employer should accept a traditional health practitioner’s certificate as proof of medical incapacity.  Central to this debate, is the wording of the BCEA, and the status and supporting structures of the Traditional Health Practitioners Act 22 of 2007 (“THPA”).  What follows below, is…

Failure To Prosecute Reviews Timeously

Failure To Prosecute Reviews Timeously

Toyota SA Motors (Pty) Ltd v CCMA & others [2015] ZACC 40 BACKGROUND Toyota SA Motors (Pty) Ltd (“Toyota”) employed Makoma Makhotla  in 2006. Makhotla failed to report for duty from 28 February to 3 March 2011. When it became evident that Makhotla would be unable to report for duty, he unsuccessfully attempted to locate…

Equal Pay for work of equal value

Equal Pay For Work of Equal Value: Less Pay For Newly Appointed Employees?

Section 6 (4) of the Employment Equity Act 55 of 1998 (“EEA”) provides that: “a difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one, or combination of the grounds…