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Aviation’s essential services designation under review

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The Essential Services Committee (ESC) has published a notice in terms of section 71, read with section 70(B)(1)(d) of the Labour Relations Act No 66 of 1995 (LRA). The notice announces an investigation into whether certain aviation services should be designated as essential services. The ESC published the notice on 23 January 2026. It arrives at a volatile moment for South Africa's aviation industry.

Constitutional Court judgment – the use of replacement labour in response...

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On 18 April 2023, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa (NUMSA) v Trenstar (Pty) Ltd (Trenstar). It had to consider the interpretation of section 76(1)(b) of the Labour Relations Act (LRA), which prohibits employers from using replacement labour during a lock-out unless the lock-out is in response to a strike.

You better mean it when you say ‘I’m out’

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A recent Labour Court judgment has reinforced the unilateral nature of an employee’s resignation and clarified the legal authority of an administrator to hire employees. Reading like Shakespeare's 'The Comedy of Errors', a recent Labour Court judgment wades through muddied water to reiterate the crystal-clear effect of an employee's resignation in Mohlwaadibona v Dr JS Moroka Municipality (J718/21) [2022] ZALCJHB 91. 

Timing is everything in the Labour Court – dismissing a claim...

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In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant. The speedy resolution of labour disputes has long been a core principle of employment law.

Can employers refuse annual leave requests?

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Are employers obliged to grant employees leave over the holiday period where they have exhausted sick leave provisions due to COVID-19 infection or exposure? Employers have dedicated much of the year to implementing adequate health and safety measures in the workplace, including placing employees on paid sick leave at the onset of COVID-19 symptoms or following exposure to the virus.

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