Tag: Labour Relations Act (LRA)

In a recent judgment, Joseph v Killarney Engineering (Pty) Ltd and others (JR 586 18), the Labour Court found that it did not have jurisdiction to determine review proceedings for a liquidated company if the person who instituted the legal proceedings failed to deliver the necessary notice to the liquidators.

Working from home has become a normal part of business life, a part that is unlikely to come to a crashing halt any time soon. Within this new normal are casual clothes, comfortable working conditions, as well as less time spent in cars and chatting around the water cooler.

The Labour Relations Act (LRA) allows employees to lodge unfair promotion disputes.

Uber drivers are currently classified as independent contractors in South Africa, but there are plans to launch a class action to compel Uber SA to confer several key rights on its drivers, which, if successful, will affect the rights of platform workers.

Labour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary or incapacity enquiry processes, and the tradition of the usage of these processes has built up an expectation that they are mandatory.  

In Legal Aid SA v Jansen (LAC), the employer appealed against the Labour Court’s decision whereby it held that the dismissal of the employee was automatically unfair in terms of section 187(1)(f) of the Labour Relations Act (LRA) and that he had been unfairly discriminated against in terms of section 6 of the Employment Equity Act, on the basis of him suffering from depression.

An employer cannot unilaterally change an employee’s retirement age. Should the employer do so and terminate the employee’s employment, the dismissal may constitute an automatically unfair dismissal and amount to unfair discrimination.

The Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth Of A Child (The Code) is aimed at protecting pregnant and post-pregnant employees, and obliges employers to implement a series of appropriate measures to protect pregnant or breast-feeding employees from hazards at the workplace.

The issue is whether an essential service in terms of the Disaster Management Act (DMA) is deemed an essential service for the purposes of the Labour Relations Act (LRA), thus barring employees from engaging in protected strike action.

The issue is whether an employer may utilise Zoom when conducting consultations in a retrenchment exercise. If not, does the continuation of the consultations in such circumstances result in procedural unfairness? The Labour Relations Act 66 of 1995 (LRA) does not regulate how section 189 consultations are to be held (i.e. in person or via video conference).