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 […]
admin
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 […]
LAC dismisses AMCU secondary strike appeal based on mootness
The Labour Appeal Court delivered a judgment on 10 September 2020, dismissing an appeal by AMCU against a Labour Court judgment on secondary strikes. The basis for AMCU’s secondary strike appeal was the argument the a union can call multiple secondary strikes simultaneously at different employers in the same industry. […]
Extension of TERS scheme
The Director General: Employment and Labour has written to NEDLAC today (4 September 2020) to confirm the following regarding the extension of TERS: The Covid 19 TERS Directive published on 11 August 2020, shall be extended to 15 September 2020. The receipt of COVID TERS 19 benefit applications for March […]
Draft Code on Violence and Harassment in the Workplace
The Department of Employment and Labour has published a draft code on violence and harassment in the workplace. The code, known as the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the world of Work, is open for public comment for a period […]
Directive on media access to the Labour Court
The Judge President of the Labour Courts has issued a directive on media access to the Labour Court dated 11 August 2020. The directive regulates the manner in which media access to the Labour Court will be managed during level three of the lockdown, both in respect of virtual hearings […]
JSE’s Gender-Neutral Parental Leave Policy
Africa’s largest stock exchange, the JSE, has introduced a gender-neutral parental leave policy as a progressive move towards gender equality. This policy affords both mothers and fathers the benefit of a four-month paid parental leave. The JSE’s Human Resources Director, Donald Khumalo said: “Our society is ever-evolving and companies should […]
Road Traffic Management Corporation vs Tasima – Section 197 Judgment
The Constitutional Court has delivered judgment in Road Traffic Management Corporation vs Tasima; which involved a dispute relating to the application of section 197 of the Labour Relations Act to organs of state. Section 197 regulates the consequences of transfers of business as a going concern, and provides for employees’ contracts […]
Latest CCMA Directive of 30 July 2020
The latest CCMA Directive of 30 July 2020 has been published by the Director of the CCMA. It applies with effect from 1 August 2020. The following are among the main modifications introduced by the new directive: Parties are not permitted to visit the CCMA offices for any administrative matters, […]
