Labour Law in South Africa

PAs win job rights

The Labour Court has found in favour of 17 judges' secretaries who challenged the Office of the Chief Justice about their uncertain employment status, declaring that they are permanently employed...

21 Jun 2017

DA, EFF to join Molefe Labour Court case

The EFF and the DA have succeeded in their application to be admitted as interested parties in former Eskom CEO Brian Molefe's bid to have the Labour Court set aside his firing...

17 hours ago

DA to intervene in 'forum shopping' Brian Molefe's Labour Court bid

The DA will on Tuesday apply to the Labour Court in Johannesburg to intervene as an interested party in an application brought by former Eskom CEO Brian Molefe...

1 day ago

Business transfer dismissal not always automatically unfair

In the recent case of Willem Hendrik du Plessis v AMIC Trading, the employee referred a matter to the Labour Court seeking an order declaring his dismissal by the employer automatically unfair...

By Fiona Leppan and Stephan Venter 23 Jun 2017

Myeni 'innocently made a mistake', tribunal told

A lawyer for SAA chairwoman Dudu Myeni, who stood accused of misrepresenting a board decision about the purchase of 10 aircraft from Airbus in 2013, said on Monday she had "innocently made a mistake" in communications with then public enterprises minister Malusi Gigaba...

By Genevieve Quintal 20 Jun 2017

'Aggrieved' Motsoeneng to challenge axing by SABC

Former SABC COO Hlaudi Motsoeneng intends to challenge the outcome of a disciplinary inquiry that resulted in his being booted out of the SABC...

15 Jun 2017

Pitfall in using arbitration in labour disputes

The recent case of Sampson v South African Post Office serves as a cautionary tale for employers and highlights one of the pitfalls of using the process of inquiry by an arbitrator, in terms of s188A of the Labour Relations Act...

By Jose Jorge and Steven Adams 15 Jun 2017

Cross-examination a fundamental procedural aspect of fair arbitration

Despite the onus on a commissioner to deal with arbitration disputes quickly and with minimum legal formalities, there are certain procedural requirements that may not be dispensed with and may result in an arbitration award being set aside...

By Mohsina Chenia and Piet Joubert 8 Jun 2017

High Court bars Brian Molefe from reporting for work

The High Court in Pretoria has granted an order brought by the DA and EFF that prevents Brian Molefe from reporting for work at Eskom while his Labour Court matter is pending...

By Genevieve Quintal 6 Jun 2017

Mineworkers Provident Fund fails in prescription plea, pays 10% penalty

The complainant (name withheld to protect identity of a minor child) brought a complaint against the Mineworkers Provident Fund (respondent) over the non-payment of the death benefit, following the death of the respondent's member...

6 Jun 2017

Molefe heads to court to fight his dismissal

Former Eskom CE Brian Molefe has turned to the courts to fight his dismissal...

By Sikonathi Mantshantsha 5 Jun 2017

"Incompatibility" really can be used as grounds for dismissal

Case law indicates that the lesser known of the lawful grounds for dismissal in South African employment law, incompatibility, is sufficient for dismissal but that correct procedures must be followed for its success...

By Bradley Workman-Davies 30 May 2017

#AfricaMonth: Demographica's Warren Moss on the business of B2B marketing

Warren Moss, founder and CEO of Demographica, was the only judge from Africa in the annual BMA B2 Awards, which recognise the top performing Business to Business (B2B) marketers around the world. He shares tips for success in B2B marketing and how they're now set to empower black-owned agencies in the marketing and communication space...

By Leigh Andrews 29 May 2017