Posts Tagged ‘Labour Appeal Court’
Underlying cause in a section 197 transfer? Labour Appeal Court clarifies
The recent Labour Appeal Court (LAC) decision in Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Belinda Perlee (JA01/24) provides further clarification on the interpretation of section 197 of the Labour Relations Act 66 of 1996 (LRA). This matter concerned a dispute over whether employees of Avis Fleet, who were dismissed following a restructuring…
Read MoreAbsenteeism
n the matter of MURRAY AND ROBERTS CEMENTATION (PTY) LTD V AMCU OBO DUBE AND OTHERS (JA96 / 2022) [2023] ZALAC 26 (18 OCTOBER 2023), the complexities of workplace absenteeism and disciplinary procedures were highlighted. The employee, an artisan assistant electrician employed since 17 January 2018, was dismissed on 7 November 2019, following a disciplinary…
Read MoreRed means stop – LAC confirms appropriateness of dismissal based on totality of evidence
A recent decision by the Labour Appeal Court (LAC) in Algoa Bus Company (Pty) Ltd v Tirisano Transport and Services Workers Union (TASWU) obo Mzawi and Others considers an employer’s onus in proving the fairness of a dismissal for misconduct, particularly when it comes to the appropriateness of dismissal as a sanction. In its judgment,…
Read MoreIs it unfair to dismiss employees who reject vertical bumping?
In Porter Motor Group v Karachi (“Karachi”), the Labour Appeal Court (“LAC”) set out the principles of bumping in retrenchments. It held that the Last In First Out (“LIFO”) principle is considered a fair selection method as it prioritises those employees who have served the employer for a longer period of time. It also accepted the principle…
Read MoreAgency shop agreements and the principle of fairness
In the recent case of Association of Mineworkers and Construction Union v UASA (Formerly named the United Association of South Africa) and Others [2023] 11 BLLR 1134 (LAC) the Labour Appeal Court (LAC) considered whether members of a minority union that is a bargaining agent recognised within a bargaining council should be liable for the payment of agency…
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