Legal Trends 2016

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Jurisdictional overlaps in labour matters

Recent cases underline that jurisdictional overlaps between the High Court and the Labour Court may occur in certain labour cases.

By Samiksha Singh and Katlego Letlonkane

The effect of social media faux pas on employment relationships

Given the inappropriate, insensitive and racist content posted by social media users over the past few weeks, it has become quickly apparent that these comments may have an impact on the continuation of the employment relationship...

By Bradley Workman Davies and Kerry Badal

Gareth Cliff case highlights contract cancellation perils

According to Ros Davey, a partner in Bowman Gilfillan Africa Group's Employment & Benefits Practice, the possible brand damage to employers that can flow from inappropriate social media use by their employees is frequently highlighted...

Decision on large-scale retrenchments contrary to case precedent

The Constitutional Court has ruled on the proper interpretation of Section 189A of the Labour Relations Act (LRA) in the case of Steenkamp and Others v Edcon Limited and upheld the decision of the Labour Appeal Court...

By Jacques van Wyk and Andre van Heerden

Dealing with employees' antisocial social media behaviour

While it may not be the conventional nature of an act of misconduct, the age of social media and technological advancement has changed the way in which we communicate and engage with other individuals and with the public...

Edcon staff fail in court bid to be reinstated

Thousands of workers retrenched by the Edcon group in 2013 and 2014 have had their hopes of reinstatement dashed by the Constitutional Court...

By Ernest Mabuza

Retaining employment position after business restructuring

The decision to restructure a business rests with the employer, especially where there are no retrenchments that arise from it. Such discretion is only fettered by law and not by the possibility of reinstatement in cases pending during the time of the restructuring...

By Fiona Leppan

Ruling on prescription of arrear wage claims

Claims for payment of arrear wages may prescribe sooner rather than later following a Labour Appeal Court judgement on the payment of arrear wages...

By Aadil Patel

Minister orders agency to probe Durban realtor

Human Settlements Minister Lindiwe Sisulu has instructed the Estate Agency Affairs Board (EAAB) to investigate and provide a report on action, if necessary, to be taken against estate agent, Penny Sparrow, who this week posted racist remarks on social media...

Premier puts education boss Ngonzo on special leave

Eastern Cape premier Phumulo Masualle has placed education boss Mthunywa Ngonzo on special leave...

Contractual consistency is key in employee polygraph tests

Is an employer entitled to dismiss employees for refusing to undergo a polygraph test when such employees are contractually obligated to submit to a polygraph upon request by the employer and does this request amount to singling out certain employees from others who are not so contractually obliged...?

By Jacques van Wyk

CCMA finds no obligation on employee to disclose prejudicial facts

In the recent case before the CCMA of Bhembe / IDT, the Commissioner had to consider whether the dismissal of an employee, for failing to disclose a pending criminal case involving her previous employer, was fair...

By Ndumiso Zwane

Court rules replacement labour may be used only for duration of strike

The issue of whether an employer may continue to use replacement labour, which was employed during a lock out in response to a strike, after such strike has ended has been decided in a recent case...

By Jacques v Wyk, Andre v Heerden & Brittany Feldman

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