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Constitutional court upholds secondary strikes judgments

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On 12 November 2021, the Constitutional Court held in favour of mining employers in a historic secondary strike judgment (Association of Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited t/a Anglo Gold Ashanti and Others [2021] ZACC 42).

DMA vs LRA: what is considered an ‘essential service’ in strike...

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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.

Derivative misconduct in the workplace

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All employers, employees and trade unions will need to be aware of the Constitutional Court's recent Dunlop decision which has clarified much of the uncertainty around how derivative misconduct is applied in the workplace.

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