Van Niekerk J, with the benefit of the Constitutional Court judgment in AUSA v SAA & Others, revisited the factual test applicable to the transfer of a business as a going concern. In this regard and at para [37] Van Niekerk J held that:- 1. “The fact that Phoenix and Tube City will not take [...]
Archive for the ‘Uncategorized’ Category
Test applicable to the interpretation of collective agreements
Posted: December 12, 2011 in UncategorizedTags: collective agreement, interpretation, SAMWU v South African Local Government Association, section 24
In South African Municipal Workers Union (SAMWU) v South African Local Government Association [2011] ZALAC 22 Mlambo JP at para [15] found that a collective agreement should be interpreted in line with the dicta in National Education Health and Allied Workers Union v University of Cape Town and Others [2002] ZACC 27; 2003 (3) SA [...]
Will the renewal of fixed term contracts ever entitle an employee to claim that her employment became permanent – University of Pretoria v Commission for Conciliation Mediation and Arbitration and Others [2011] ZALAC 25
Posted: December 7, 2011 in UncategorizedTags: fixed term, section 186(1)(b), University of Pretoria v CCMA.
The employee was employed in terms of a number of renewed fixed term contracts. The employee was eventually offered a further fixed term contract which the employee declined on the basis as surmised by the LAC in the following terms “[o]nce an employee has established a reasonable expectation of a renewal of a fixed [...]
And yet more on reinstatement – Visser v Mopani District Municipality & Others [2011] ZASCA 248
Posted: December 2, 2011 in UncategorizedThe Labour Appeal Court recently stressed certain principles to reinstatement. As such it was remarked that onus plays no role in determining whether an employee should be reinstated and that the decision is solely motivated by fairness to both parties. In casu the employee was reinstated following an arbitration hearing where his dismissal was [...]
The test pertaining to reinstatement revisted – Dunwell Property Services CC v Sibande &and Others
Posted: November 28, 2011 in UncategorizedIn casu the employer by way of letter and in the absence of any enquiry terminated the employment of the employee. This was done, apparently on advice from the Department of Home affairs, on the basis of the employee using South Africa using a false SA Identity document. The Labour Appeal Court, per Ndlovu JA [...]
Generalisation and Second Generation Outsourcing – Aviation Union of South Africa and Another v South African Airways (Pty) Ltd and Others [2011] ZACC 31
Posted: November 25, 2011 in UncategorizedTags: Aviation Union of South Africa; South African Airways; section 197; Labour Relations Act; Outsourcing; Going Concern; Second Generation; Transfer; Franchise
The minority per Jafta J at paragraphs 47 and 48 held that “[w]hether a transfer as contemplated in section 197 has occurred or will occur is a factual question… “[S]peaking generally, a termination of a service contract and a subsequent award of it to a third party does not, in itself, constitute a transfer as [...]
A SUMMARY OF THE LAW PERTAINING TO RETIREMENT AT “NORMAL RETIREMENT AGE”
Posted: November 24, 2011 in UncategorizedTags: section 187(2)(b); Labour Relations Act; dismissal; retirement age; Schweitzer v Waco Distributors (a division of Voltex (Pty) Ltd); Rubin Sportswear v SACTWU & others; Gqibitole v Pace Community
In terms of section 187(2)(b) of the Labour Relations Act, Act 66 of 1995 (“the LRA”) “[a] dismissal based on age is fair if the employee has reached the normal or agreed retirement age for persons employed in that capacity”. In Schweitzer v Waco Distributors (a division of Voltex (Pty) Ltd) [1998] ZALC 48; [1999] [...]
Can an employer seek the review of a disciplinary sanction?
Posted: December 6, 2010 in UncategorizedIn SAPS v Hari N.O. and Another the SAPS contended that the disciplinary sanction imposed by an SAPS senior commissioner presiding over the hearing was in fact not harsh enough. The SAPS submitted that the presiding officer executed an administrative function and as such his findings were open to review. The court per [...]
