Explore the case of Sulzer Pumps (Pty) Ltd v Nomxhanya [2024] ZALCJHB 253, where the Labour Court reviewed the fairness of a SHE Manager’s dismissal following multiple lost-time injuries. Learn about the court’s decision on procedural fairness, substantive unfairness, and the awarded compensation.
Labour Law Articles
Was this Retrenchment Substantively Fair?
In the case of NUFBWSAW v Coca Cola Beverages [2024] JA130-22 (LAC), the Labour Appeal Court upheld the substantive fairness of CCBSA’s retrenchments due to economic pressures, including the sugar tax impact. The court found CCBSA’s restructuring response to be commercially rational and fair, dismissing the appeal.
Was the Labour Court’s Decision to Remit a Misconduct Case to the CCMA Justified?
Explore the key legal insights from a recent Labour Appeal Court ruling on employee misconduct involving fraudulent sick notes, focusing on the appropriateness of sanctions and the impact of mitigating factors in employment law. Understand the balance between individual circumstances and employer policies in maintaining workplace integrity.
Fairness of the dismissal of a Safety, Health and Environment Manager
Explore the case of Sulzer Pumps (Pty) Ltd v Nomxhanya [2024] ZALCJHB 253, where the Labour Court reviewed the fairness of a SHE Manager’s dismissal following multiple lost-time injuries. Learn about the court’s decision on procedural fairness, substantive unfairness, and the awarded compensation.
Was this Retrenchment Substantively Fair?
In the case of NUFBWSAW v Coca Cola Beverages [2024] JA130-22 (LAC), the Labour Appeal Court upheld the substantive fairness of CCBSA’s retrenchments due to economic pressures, including the sugar tax impact. The court found CCBSA’s restructuring response to be commercially rational and fair, dismissing the appeal.
Was the Labour Court’s Decision to Remit a Misconduct Case to the CCMA Justified?
Explore the key legal insights from a recent Labour Appeal Court ruling on employee misconduct involving fraudulent sick notes, focusing on the appropriateness of sanctions and the impact of mitigating factors in employment law. Understand the balance between individual circumstances and employer policies in maintaining workplace integrity.
Is the Dismissal of an Employee for Cannabis Use Outside the Workplace Unfair Discrimination?
Explore the groundbreaking judgment on workplace drug policies vs. employee privacy rights in cases of medicinal cannabis use. Learn about the balance between workplace safety and personal privacy.
Are Mutual Separation Agreements enforceable? Here is what the Labour Appeal Court found in Workforce Staffing (Pty) Ltd v Mjoli and Another
Explore the pivotal Labour Appeal Court ruling in Workforce Staffing v Mjoli, examining the enforceability of mutual separation agreements and the evidentiary responsibilities in employment disputes under South African law.
The Case of Free Speech vs. Workplace Regulations: A Dismissal Upheld for Racist Remarks
Explore the pivotal Van Straaten v Commissioner Julies Wehncke & Others case from the Labour Court of South Africa, illustrating the balance between free speech and workplace regulations against racism. This summary highlights the dismissal upheld for racist remarks on social media, reinforcing the limits of freedom of expression in the workplace.
Demystifying Financial Disclosure Affidavits (FDAs): From Mystery to Mastery
Financial disclosure affidavits (FDAs) have become an integral part of divorce proceedings, particularly in the Gauteng High Courts. To truly understand their significance, we'll take a journey back to the time before FDAs, explore key legal cases that led to their...
Restraint of Trade and Confidentiality: The State of Play in South Africa
Five Lessons From Our Courts South African labour law, like most jurisdictions worldwide, acknowledges the delicate balance between protecting an employer's legitimate business interests and preserving an employee's right to freedom of trade. Recent judgments passed...
To Vax Or Not To Vax – An Employer’s Covid Conundrum
At present, the world seems to be sitting on a pressure-cooker. As pro-vaccine and anti-vaccine proponents take to social media, radio, TV, and whichever soapbox they can get their hands on to extol the virtues of their own viewpoint, whilst lamenting the ignorance of these people who hold different and opposing views, employers must decide on their company’s vaccine policy.