The High Court has delivered a ground-breaking judgment declaring provisions of the Basic Conditions of Employment Act on parental leave unconstitutional. In the judgment, Sutherland DJP found that the provisions discriminate unfairly between mothers and fathers, and between birth-mothers and mothers through surrogacy and adoption, in relation to the amount […]
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Dismissal for Assault of Shoplifters
The employee worked at the Game store in Evaton. He challenged his dismissal for assault of shoplifters who were stealing from the store. The evidence was that he would slap them or hit them with a nearby object, and some of the shoplifters would cry as they were in pain. […]
Claim of Constructive Dismissal Linked to Disability Unsuccessful
Ms Lagadien was a disabled employee of the Department of Science and Technology. She resigned and claimed that she had been subject to a constructive dismissal linked to disability, and that her dismissal was automatically unfair based on her disability. Her main complaints related to the employer not providing her […]
Solidarity Employment Equity Dispute Settled
Trade union Solidarity and the government have concluded a settlement agreement regarding a Solidarity employment equity dispute. The settlement stems from a complaint referred to the International Labour Organization (ILO) regarding the government’s approach to employment equity. Solidarity complained that the country’s employment equity legislation puts too much emphasis on […]
Lawyers to Pay Back Legal Fees
The Labour Court has ordered lawyers to pay back legal fees charged to their clients and not to charge further legal fees for work done. The order includes the attorneys and the advocates who were involved in the matter. Sethene AJ (am acting judge), in a scathing judgment, began with […]
CCMA Directive on Dismissal of Matters for Non-Attendance
A CCMA directive has been issued by the Director of the CCMA, Cameron Marojane, clarifying the CCMA’s approach when a party fails to attend an arbitration that has been set down. The CCMA directive was issued in the context of a judgement by the Labour Court (per Moshoana J) which […]
Joseph Mathunjwa Declared Lawful AMCU President
The Labour Appeal Court delivered an important judgment today (18 May 2023), declaring that the appointment of Joseph Mathunjwa as AMCU President was lawful. The judgment overturned an earlier judgment of the Labour Court (per Mabaso AJ) in which it was found that because Joseph Mathunjwa was not employed in […]
Employment Equity Sectoral Targets Published
The Minister of Employment and Labour has published the proposed employment equity sectoral targets for public comment. This comes after the recent promulgation of the Employment Equity Amendment Act by the President. The time available for public comment on the proposed sectoral targets spans a period of 30 days (input […]
Constitutionality of employment equity amendments challenged
Trade union Solidarity has launched an application in the Labour Court in which it challenges the constitutionality of employment equity amendments contained in the recently promulgated Employment Equity Amendment Act. Solidarity alleges that the amendments are unconstitutional. Solidarity further contends that the amendments are contrary to international labour conventions. According […]
Employment Equity Amendment Act Signed into Law
The President has signed the Employment Equity Amendment Act into law. The Amendment Act seeks to advance transformation of South Africa’s workforce by setting equity targets for economic sectors and geographical regions, and requiring enterprises to develop transformation plans. The Act amends the Employment Equity Act of 1998 (Act No […]
