Posts Tagged ‘Labour Court’
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 MoreWorker fired for taking home one toilet roll wins R120 000 back pay, reinstatement
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Read MoreLabour Appeal Court Upholds Dismissal of Correctional Officer for Insubordination
In the matter of Department of Correctional Services v Kutu and Others (JA27/2024) [2025] ZALAC 17 (14 March 2025), the Labour Appeal Court (LAC) heard an appeal of a Labour Court ruling. The employee was employed as a Correctional Officer at the Atteridgeville Correctional Centre. On 19 July 2018, he was instructed by his unit…
Read MoreDismissal Under the Guise of Operational Requirements
In the matter of LEKALAKE V EOH MTHOMBO (PTY) LTD [2025] JS895/19 LC, the Labour Court’s ruling highlighted the importance of fair retrenchment procedures in South Africa. The case involved a consultant who was dismissed in 2019 due to alleged operational requirements. However, the Court found the dismissal to be substantively unfair and ordered the employee’s reinstatement with…
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 MoreRetrenchment and severance pay in South Africa – what employers and employees need to know
A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a new employer. However, this is only under very specific circumstances—specifically, where the employer swiftly takes action and actively secures the new job. Legal experts at…
Read MoreAn Arrested Employee Is Not a Get Out of Jail Free Card for the Employers
Terminating employment due to being arrested – Is this legal? Many employers believe that the employment relationship automatically ends if one of their employees is arrested or imprisoned. This assumption is based on the employee’s unavailability to return to work, and, more importantly, the trust relationship has been tarnished due to the employee’s alleged criminal…
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 MoreIs any agreement capable of enforcement under the Labour Relations Act
Under section 158(1)(c) of the Labour Relations Act 66 of 1995 (LRA), the Labour Court has jurisdiction to, inter alia, make an arbitration award or any settlement agreement an order of court. Over the years, there has been much debate and conflicting judgments on whether a wide or narrow interpretation of “any settlement agreement” should…
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