Tag: Shane Johnson
Constitutional court upholds secondary strikes judgments
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).
JUDGEMENT | The role of incapacity in dismissals for misconduct
A recent judgement by the Labour Court addresses the role that incapacity can play when an employee is charged with misconduct, and whether an employer is required to exclude the possibility of incapacity in these circumstances.
Civil unrest and public looting – managing key employment issues
Employers seeking an appropriate response to the civil unrest and public looting in Gauteng, KwaZulu-Natal and other parts of South Africa will have to consider different factual circumstances. As a result of the civil unrest and public looting in Gauteng, KwaZulu-Natal and elsewhere, employers may face one of the three scenarios.
JUDGEMENT | The legal effect of a liquidated company on review...
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.
Hazardous chemical agents: new regulations gazetted
New regulations on hazardous chemicals have been published. They replace the previous regulations of 1995, and contain new definitions and additional measures on issues such as labelling and disposal. The Minister of Employment and Labour recently gazetted new regulations on hazardous chemical agents (2021 Regulations).
Uber drivers – employees or independent contractors?
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.
World Economic Forum – 2020 Future of Jobs Report
A recent World Economic Forum report has highlighted evolving trends in the workforce, globally and in South Africa, as the local labour market faces the combined impact of the COVID-19 pandemic and the 4th Industrial Revolution (4IR).
The legal effect of resigning after disciplinary action but before sanction
The Labour Court in a recent judgment, Mthobisi Mthimkhulu v Standard Bank of South Africa (J928/20) (18 September 2020) considered whether an employee who has been found guilty of serious misconduct can avoid the ultimate sanction of dismissal by resigning before the employer imposes the sanction.
COVID-19: Construction Sectoral Guidelines published
At various stages during the COVID-19 pandemic in South Africa, various studies were released on the negative impact that COVID-19 will have on the construction sector. Some studies predicted that the sector could experience a total of 140,000 job losses.
Intolerability – a high threshold in constructive dismissal matters
In a recent judgment, Gold One Limited v Madalani and Others (JR 1109/15) [2020] ZALCJHB 180 (9 September 2020), the Labour Court confirmed that intolerability is a high threshold in constructive dismissal matters. Intolerability is more than a working environment or working under employment conditions that are difficult, unpleasant or stressful.
