All Blog Posts Tagged 'court' (9)

Can you force employees to apply for their own jobs or face retrenchment?

by Ivan Israelstam

If you ever land up at the CCMA, you'll see retrenchment laws well summarised on their wall notices. Unfortunately, employers only get to see these summaries when it's too late, they've possibly unfairly dismissed an employee and the legal process has begun. In this article, find out what's the truth when it comes to retrenchment laws.

You don't need your employees' "permission" to retrench…


Added by Lia Marus on March 28, 2014 at 6:00 — No Comments

Which trade unions are allowed to represent employees at the CCMA?

by Mark Meyerowitz

According to s200(2) of the Labour Relations Act, No 66 of 1995 (LRA), an employee may be represented by an official from his trade union during proceedings at the CCMA.  However, what if that employee isn’t a valid member of his union? 

An interesting situation arose in the case of NUM obo Mabote v Kalahari Country Club (unreported judgment C1010/12 dated 21 June 2013). In this…


Added by Lia Marus on January 22, 2014 at 12:00 — No Comments

How to update your workplace rules and employment conditions for 2013/2014

by Ivan Israelstam

You need to know that labour law is doesn’t exist in the statutes alone. Our labour legislation deals largely with broad legal principles but are, in many areas, sorely lacking when it comes to detail.

For example:

  • The Labour Relations Act (LRA) makes it clear that when you need to decide if a dismissal is acceptable in law, the arbitrator or judge must look at if the dismissal was fair. Schedule 8 of the LRA gives…

Added by Lia Marus on December 11, 2013 at 8:30 — No Comments

Trade union held in contempt of court and heavily fined

To stop unprotected strikes, most often employers who face this type of action look to interdict this type of unlawful behaviour from carrying on. However, often the employees and the responsible trade union simply disregard the provisions of the interdict. This has sparked the debate about if these interdicts are worth the paper they are printed on.

The recent decision of In2Food (Pty) Ltd v Food and Allied Workers Union ("FAWU") & others…


Added by Lia Marus on July 16, 2013 at 7:30 — No Comments

An employee has an obligation to comply with a reasonable instruction

by Gavin Stansfield

The balance was tipped in favour of employers in the recent Labour Appeal Court decision of Motor Industry Staff Association and another v Silverton Spraypainters and Panelbeaters (Pty) Ltd and two others [2012] ZALAC 42 (LAC). Even though labour laws prohibit an employer from unilaterally changing terms and conditions of employment, this decision confirmed that employees do not have a vested right to preserve their working obligations…


Added by Lia Marus on June 3, 2013 at 8:30 — No Comments

Pupil played with gun during break

Cape Town - A Cape Town pupil in custody for allegedly shooting two fellow pupils apparently kept the pistol with him the whole day, the Cape Times reported on Thursday.

Oaklands High School pupils had seen the 14-year-old boy play with the gun during break time.

"He brought the gun to school and had it in his bag during class time. At first break he and some of his friends were playing with it. I saw him in the taxi…


Added by Bronwyn Newman on February 7, 2013 at 14:04 — No Comments

President Zuma appoints Advocate Willem Heath new Head of SIU

I have decided to appoint Advocate Willem Heath as the new Head of the Special Investigating Unit (SIU) in terms of the Special Investigating Units and Special Tribunals Act of 1996, in order to strengthen the institutional capacity to fight crime and corruption. The appointment is with immediate effect.

The appointment will ease the pressure on Mr Willie Hofmeyr, the Deputy National Director of Public Prosecutions, who has headed the SIU in…


Added by sylvia hammond on November 29, 2011 at 17:19 — No Comments

Justice Week: Free Legal Assistance from Legal Aid Centres

South Africans have been urged to take advantage of free legal assistance being offered at the country’s courts and Legal Aid Centres during this week.


These services are being made available to the public as part of the Department of Justice’s Access to Justice Week programme.


The aim of the programme, which is run in partnership with the South African Women Lawyers’ Association, is to provide a platform for women in the legal profession to give back to the…


Added by sylvia hammond on August 23, 2011 at 12:44 — No Comments

Seminar brochures from the Law Society of South Africa


CHILD LAW 2009: CL2009.pdf



Added by Bronwyn Newman on September 11, 2009 at 11:33 — No Comments

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