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AFGEN (Pty) Ltd v Ziqubu (JA34/18) [2019] ZALAC 40 (13 June 2019)
Thursday, 03 October 2019
BACKGROUND The Respondent had been employed by AFGEN (Pty) Ltd (“the Appellant”) for just over a year, during which period she suffered from depression and was placed on sick leave for two months. Subsequent to the Respondent’s return, in December 2011, she was charged with misconduct for: (i) sending unauthorized emails to customers and (ii)
- Published in 2019, Labour Law
No Comments
National Union of Metal Metalworkers of South Africa and Another v Aveng Trident Steel (A Division of Aveng Africa Proprietary Limited) and Others (JA25/18) [2019] ZALAC 36 (13 June 2019)
Thursday, 22 August 2019
BACKGROUND In 2014, Aveng Trident Steel (“Aveng”) initiated a consultation process in terms of section 189 of the Labour Relations Act (“the LRA”) with the union NUMSA. Aveng recognised that a reduction of staff would not be sufficient to resolve its operational problems. It needed to achieve an improvement in productivity as well by, inter
- Published in 2019, Labour Law, News
National Union of Metalworkers of South Africa obo Khanyile Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others [2019] ZACC 25
Tuesday, 16 July 2019
BACKGROUND In August 2012, members of the National Union of Metalworkers of South Africa (“NUMSA”) engaged in a protected strike. During the strike, several acts of violence, intimidation and damage to property were alleged to have occurred. Despite not positively and individually identifying the perpetrators, Dunlop (the employer), dismissed the workers who had been involved
- Published in 2019, Labour Law, News
Trustees for the Time Being of the Oregon Trust v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 23 (28 March 2019)
Monday, 10 June 2019
BACKGROUND As part of a black empowerment initiative by the National Empowerment Fund (“NEF”), various franchise agreements were concluded between Sales Hire CC (“Sales Hire”) and four close corporations, the members of which were former employees of Sales Hire (“Lessees”). In addition, a cooperation agreement was entered into between Sales Hire and the NEF in
- Published in 2019, Contract Law, News
Long v South African Breweries (Pty) Ltd and Others; Long v South African Breweries (Pty) Ltd and Others (CCT61/18) [2019] ZACC 7 (19 February 2019)
Tuesday, 26 March 2019
BACKGROUND Allan Long (“the Applicant”) was previously employed by South African Breweries (Pty) Ltd (“the First Respondent”) as its district manager for the Border District. He was responsible for legal compliance in respect of the First Respondent’s operations in the Border District, including the requirements pertaining to a fleet of vehicles. On 10 May 2013,
- Published in 2019, Labour Law, News
The National Minimum Wage Act
Tuesday, 04 December 2018
The National Minimum Wage Act The South African President, Cyril Ramaphosa, has signed into law the National Minimum Wage Act (“the Act”) on 23 November 2018, which will come into effect on a date still to be determined by the President. The Act will see the minimum hourly rate for workers set at R20.00 (“NMW”),
- Published in News, 2018, Labour Law
Biggar v City of Johannesburg (Emergency Management Services) (JS232/09) [2016] ZALCJHB 559; (2017) 38 ILJ 1806 (LC); [2017] 8 BLLR 783 (LC) (13 December 2016)
Sunday, 11 November 2018
SUMMARY Victor Biggar (“the Applicant”), was employed by the City of Johannesburg: Emergency Management Services (“the Respondent”), as a Fire Fighter Emergency Medical Technician based at the Brixton Fire Station from 2000. The Applicant was the first black person to live in the Respondent’s housing apartments. During the residence period his family had been subjected
- Published in 2018, Labour Law, News
Commissioner for the South African Revenue Service v Char-Trade 117 CC t/a Ace Parking (776/2017) [2018] ZASCA 89 (31 May 2018)
Friday, 31 August 2018
BACKGROUND During 2007 to 2011, Char-Trade 117 CC (“the Respondent”), made various loans to related close corporations and companies within its group of companies. The Respondent reported these loans in its annual financial statements as ‘unsecured, bear interest at current rates and have no fixed terms of repayment’. The Commissioner for the South African Revenue
