Archive for ‘Labour Law Updates’

Labour Law Update – Sexual Harassment & Social Media

The applicant employee was dismissed for making false accusations of sexual harassment against a supervisor, and for exposing her breast to him. The employee denied exposing herself to the supervisor, …

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Labour Law Update – Essential Services & Running Riot

During the 2007 nationwide public service strike, the union (“POPCRU”), which has about 109 500 members in the SA Police Service (“SAPS”), threatened to call all its members out on …

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Labour Law Update – Double Jeopardy & Using Facebook to air Grievances

The Applicant, a senior Financial Manager, was given a final written warning after erroneously transferring R4m of pension fund money into the incorrect account, and after agreeing to repay the …

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Labour Law Update – Incapacity & Falsifying Medical Certificate

At the commencement of the arbitration concerning the applicant’s dismissal for alleged incapacity, he raised an objection to the respondent leading evidence about the contents of a certain tape recording, …

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Labour Law Update – Freedom of Association

The Union sought right of access to the Employer’s production facility in East London.

At the time, the Union had 189 members of the 2 384 employees in the factory, the majority of whom were members of NUMSA.

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Labour Law Update – Running Riot

Running riot: Bystanders claim for damages

• The High Court, in Garvis & others v South African Transport & Allied Workers Union & another (2580/2007, 9 September 2010) was …

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Labour Law Update – Territorial discrimination & Striking award

Atlantis Foundries provided subsidised transport between home and work for weekly-paid workers, which monthly paid employees could also use, if they so wished. The service was not of much use …

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Labour Law Update – Procedural Fairness & Changes to Conditions of Employment

The project manager was responsible for overseeing payments of social grants by the employer. When he reached retirement age, he was retained on a series of fixed-term contracts, which were …

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Update: Protest Postponed

We have received information that the protest action may be postponed and we will advise accordingly. For more information: pdf COSATU PROTEST ACTION 5 OCTOBER 2011 (79)

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STAY AWAY 5 OCTOBER 2011

BUSA has sought legal opinion in respect of this matter and it is clear that this matter is unprotected. The opinion, however, does not advise employers dismissing employees involved …

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