In the matter of Moklakoana v CCMA and Another (JR284/09), Mr Mohlakoana’s dismissal was ruled substantively unfair by the CCMA and he was awarded compensation equal to the remuneration he would have earned in a two month period. Mr Mohlakoana took the award on review as no reason was given for him being awarded only [...]
Archive for the ‘Uncategorized’ Category
Does s 138(7)(a) of the LRA impose a duty on an arbitration to provide reasons for the quantum of compensation awarded?
Posted: May 5, 2010 in Uncategorized0
Can the CCMA hear disputes regarding the procedural fairness where a single employee is retrenched?
Posted: April 6, 2010 in UncategorizedThe Labour Court in Rand Water v Bracks NO and Others found that section 191(12) of the Labour Relations Act, allowed single employees to refer only disputes concerning the substantive fairness of their retrenchments to either the CCMA / Bargaining Council or the Labour Court. The Court a quo argued that where the dispute related [...]
Points of clarity on the implementation of Employment Equity Plans
Posted: March 2, 2010 in UncategorizedThe Labour Court recently (24 February 2010) in Solidarity obo Barnard and Another v South African Police Services (JS455/07) , per acting judge Paul Pretorius SC, surmised various important factors to be taken into account when appointing or promoting employees under the auspices of an employment equity plan. These are: – “The provisions of the Employment [...]
The causal nexus in sympathy strikes as examined in Coca Cola Fortune (Pty) Ltd v Food and Allied Workers Union and Others (J01/2010)
Posted: March 2, 2010 in UncategorizedCoca Cola Fortune is a franchisee of Coca Cola Africa (Pty) Ltd and has rights to bottle and distribute Coca Cola products to certain designated regions in South Africa. It is the exclusive distributor in these regions. [at §4] FAWU’s members employed at ABI are currently participating in a nationwide protected strike at ABI. [at [...]
Can a litigant avail itself to section 158(1)(c) of the LRA to circumvent the further prosecution of a review application?
Posted: February 26, 2010 in UncategorizedIn BP Southern Africa (Pty) Ltd v Bargaining Council for the Chemical Industry and Others (J841/09), BP SA sought an order in terms of which an arbitration award, in terms whereof it was ruled that the third respondent’s unfair dismissal claim is dismissed, be made an order of the Labour Court. The effect of such relief [...]
Is dismissal still appropriate where an employer offered an alternative sanction short of dismissal and the employer fails to accept the same
Posted: February 23, 2010 in UncategorizedThis question was raised in Department of Labour v General Public Service Sectoral Bargaining Council and Others (PA3/08). In casu the Department of Labour found two employees guilty of sexual harassment and afforded them the opportunity to accept a three month unpaid suspension as opposed to dismissal. The employees rejected this offer and where consequently [...]
Is there a constitution duty on courts of review or appeal to inquire into factors pertinent to reinstatement where reinstatement was ordered in the forum a quo
Posted: February 23, 2010 in UncategorizedIn Billiton Aluminium SA Ltd t/a Hillside Aluminium v Khanyile and Others (CCT 72/09), Billiton avers that where a litigant is faced with extensive delays in the prosecution of its action, there rests a constitutional duty on courts, to grant just and equitable remedies under section 172(1)(b) of the Constitution, by inquiring into matters such [...]
