Tag: Labour Court

The dismissal of an employee who failed to report the suspicious conduct of her colleague, in relation to missing monies, was found to be substantively fair. The failure of the employee to inform an employer of their business interests being improperly undermined, constitutes derivative misconduct for which dismissal may be afforded. 

Proposed amendments to the Mine Health and Safety Act (MHSA) place greater obligations on employers, which is to be welcomed in some respects, but other amendments are problematic and may be open to legal challenge.

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. 

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.

Those entrusted with rendering justice on any level have a responsibility to ensure that they stay abreast of the latest developments in law. For this reason, judgments, and the precedents they inform, are of vital importance to practitioners of law.

In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment after he professed his love for a receptionist.

A recent Labour Court judgment has upheld an employer’s right to require employees to have a COVID-19 vaccination or provide a weekly negative test if they decline to be vaccinated, but it leaves several important questions unanswered.

On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement on the fairness of a dismissal following an employee’s refusal to receive the COVID-19 vaccination.

On 21 January 2022, the first Commission for Conciliation, Mediation and Arbitration (CCMA) decision relating to mandatory vaccinations in the workplace was issued. The Commissioner found that the employee's dismissal for incapacity arising from her refusal to vaccinate was both procedurally and substantively fair.

Where an undertaking (or part thereof or a service) of any kind is transferred by one employer to another as a going concern section 197 of the Labour Relations Act (LRA) comes into effect. This forces the new entity to take over all the employees of the old undertaking.