The landmark Aveng v NUMSA Constitutional Court judgment was handed down today. It deals with when an employer may retrench employees who do not accept changes to their terms and conditions of employment. Section 187(1)(c) of the Labour Relations Act renders a dismissal automatically unfair if the reason for the […]
Month: October 2020
LAC to hear public sector wage dispute as court of first instance
The Labour Appeal Court will hear the matter pertaining to the public sector wage dispute on 2 December 2020. In an unusual move, the LAC (which ordinarily only hears appeals against Labour Court judgments) will hear this matter sitting as a court of first instance. The matter involves a major […]
Can a disciplinary hearing continue if an employee resigns?
In Mthimkhulu v Standard Bank, the Labour Court recently dealt with the question: can a disciplinary hearing continue if an employee resigns? The issue arose in an urgent application heard by Moshoana J. Mr Mthimbulu, an aspirant advocate, was employed by Standard Bank. He was charged with misconduct and a […]
Alert Level 1 Labour Court Directive
The Registrar of the Johannesburg Labour Court has published the Alert Level 1 Labour Court Directive on 14 October 2020. The directive covers the protocols in place for those physically accessing the court. It also deals with the following topics: pagination of court files access to the pro bono office […]
Chep Labour Broker Judgment
The Labour Appeal Court has delivered a judgment on the deeming provision in section 198A(3)(b) of the Labour Relations Act which applies to employees engaged through temporary employment services (commonly referred to as labour brokers). The Chep labour broker judgment sets out the factors to determine whether a service provider […]
