Posts Tagged ‘CCMA’
The Constitutional Court confirms the importance of exhausting internal procedures before resigning and calling a constructive dismissal
According to Maleka, and ahead of the planned acquisition, Clarkson announced that Allan Quinn was appointed as ADT’s new financial director, responsible for, among other things, overseeing the IT portfolio, which was headed by Maleka. Clarkson announced that after the acquisition, Quinn would report to Clarkson, and Maleka would report to Quinn, instead of Clarkson.…
Read MoreCall for Comments on the Draft Amendments to the Employment and Labour Regulations, 2005
The Department of Employment and Labour has published the Draft Labour Law Amendment Bill, 2025 on the 28 February 2026, the Draft Bill proposes several amendments to existing labour legislation, it aims to strengthen protections for employees, enhance the effectiveness of dispute‑resolution mechanisms, and align various employment related provisions with the Constitution. The key proposed…
Read MoreCONSTRUCTIVE DISMISSAL CONFIRMED IN LANDMARK CASE AGAINST RELIGIOUS EMPLOYER
By Johnny Goldberg The judgment in Makombe vs Cape Conference of the Seventh Day Adventist and Others (C04/2023) [2025] ZALCCT 19 marked a significant moment for labour law in religious institutions, where the Labour Court set aside a CCMA award and found that the employee was constructively dismissed by her employer. The employee, a former pastor employed…
Read MoreDismissal – Offensive behaviour
The case of TEMPEST CAR HIRE V LEBYANE JR50/22 [2024] (ZALCJHB) 1 AUGUST 2024 involved the dismissal of the employee following an incident where she made an inappropriate comment towards a colleague, Ms. Tasha Moodley. The dismissal was initially ruled unfair by the Commission for Conciliation, Mediation, and Arbitration (CCMA), but the employer sought a review under…
Read MorePART TIME DOMESTIC WORKERS, EVEN THOSE WORKING ONE DAY A WEEK, MAY BE ENTITLED TO EMPLOYEE BENEFITS.
Households who employ the domestic services of cleaners, cooks, gardeners and pool men – even just once a week, that they could be legally liable for employee benefits if they rendered a service beyond 24 hours monthly. Domestic workers play a critical role in the machine that is South Africa, helping households with children, cooking,…
Read MoreDISMISSAL IN ABSENTIA
WORKING ON FIRE (PTY) LTD V MAFISA AND OTHERS (JR2132/20) [2024] ZALCJHB 104 (6 MARCH 2024)The employee worked as a Regional Manager.The employee wrote an email that amounted effectively to an open letter addressed to all staff of the employer complaining about the appointment of the Regional Manager. In so doing, he questioned the judgment…
Read MoreCostly Negligence
In a landmark ruling in Mogale and Another v National Health Laboratory Services (JS958/2019) [2024] ZALCJHB 362 (13 September 2024), the Labour Court awarded damages in favour of the National Health Laboratory Services in the amount of R22,477,891.70. This decision marks a significant victory in holding executives accountable for their actions and highlights the importance…
Read MoreMisconduct in the workplace
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct. Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for…
Read MoreCourt tells Woolworths to reinstate worker after claiming faked sick notes
The court said evidence provided by Woolworths did not meet legal standards as it failed to show the employee knew the doctor was fraudulent A recent judgment by the Labour Appeal Court (LAC) has raised the bar for companies to provide evidence of employees fabricating sick notes to justify their dismissal. The ruling compelled retail…
Read MoreDispute settlement agreement at CCMA rendered restraint of trade annulled
The Labour Appeal Court had to determine whether a settlement agreement concluded at the CCMA, extinguished the rights of the employer in so far as it related to a restraint of trade agreement. The restraint agreement provided as follows: 1. In the event of the termination of my employment with the COMPANY for any reason…
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