Theron v Rainbow Farm (PTY) Ltd (C289/2021) [2022] ZALCCT 33 (1 July 2022)

Article by Avyakta Sing, Candidate Attorney, checked by Celeste Frank, Assosiate and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 27 July 2022 BACKGROUND On March 30, 2015, Ms. Theron (“the Applicant”) and Rainbow Farm (PTY) Ltd (“the Respondent”) entered into a settlement agreement under the CCMA following the referral by the Applicant of a
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Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v Commission for Conciliation, Mediation & Arbitration & others (2022) 43 ILJ 1272 (LAC)

Disclosing your ‘side-hustle’/ side business to your employer Article written by Erin Gradidge, checked by Divina Naidoo, Associate and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys 13 July 2022 BODY OF ARTICLE: Introduction The fiduciary duty of good faith placed on employees to act in the best interest of the employer extends to
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Colgate-Palmolive (Pty) Ltd v Rala-Rala and Others (JR79/19) [2021] ZALCJHB 35 (20 January 2021)

Article written by Avyakta Sing, Candidate Attorney, checked by Kirsten Chetty, Associate and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 05 July 2022 BACKGROUND Mr Rala-Rala (“the Respondent”) was employed by Colgate-Palmolive (Pty) Ltd (“the Applicant”) as its CDT Finance Manager. In August 2017 the Respondent suffered a brain stem bleed, which temporarily incapacitated
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Nhleko v Gauteng Department of Education (JS910/15) [2020] ZALCJHB 9 (21 January 2020)

Article written by Avyakta Sing, Candidate Attorney, checked and released by Kyle Venter, Associate at Schindlers Attorneys. 24 February 2022 Background The Gauteng Department of Education (“the Respondent”) was Mr. Nhleko’s (“the Applicant”) employer. He referred a dispute to the Education Labour Relations Council (the “ELRC”) when his employment was terminated, stating that he was
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Ndzimande and Others v Didben N.O and Others (JR 1404/14) [2019] ZALCJHB 73

BACKGROUND Joseph Ndzimande and two others (the “Applicants”) were dismissed from the employ of Xstrata (the “Third Respondent”) on the grounds that they brought the Third Respondent into disrepute after allegedly making false and defamatory statements in an interview that aired on 3 (three) SABC radio stations during a march embarked upon by employees of
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Mampane NO and Others v National Union of Public Service and Allied Workers and Another 2020 2 BLLR (LAC)

BACKGROUND The four Appellants are, the Commissioner of the National Lotteries Commission (“the NLC”), the NLC, the board of the NLC, and the Human Capital Manager of the NLC (“the HCM”). The Respondents are respectively the National Union of Public Service and Allied Workers (“NUPSAW”) and Ms Mokgatlha (“Mokgatlha”). The appeal is against the Labour
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MTINDE v SHERIFF JOHANNESBURG EAST AND OTHERS (J1104/2018) [2019] ZALCJHB 316 (29 October 2019).

SUMMARY The dispute concerns a writ of execution in respect of a taxed bill of costs, which Lumko Mtinde (“the Employee”) sought to stay by launching an urgent application, pending the outcome of an application to review and set aside the taxed bill of costs. The chronology preceding the writ of execution saw the Employee
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AMALUNGELO WORKERS ‘ UNION AND OTHERS v PHILIP MORRIS SOUTH AFRICA (PTY) LIMITED AND ANOTHER (CCT20/18) [2019] ZACC 45 (26 NOVEMBER 2019)

BACKGROUND The Applicants are Amalungelo Workers’ Union (and 75 of its members) who were employed by Philip Morris South Africa (Pty) Ltd and Leonard Leonard Dingler (Pty) Ltd, the Respondents. The Applicants alleged that the Respondents have, in contravention of section 34 of the Basic Conditions of Employment Act (“BCEA”), deducted tax (in respect of
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POTGIETER v MODIKWA PLATINUM MINE AND OTHERS (J1892/2019) [2019] ZALCJHB 267 (8 October 2019)

SUMMARY In this case Potgieter (the “Applicant”) approached the Labour Court (“Court”) on an urgent basis for an order interdicting the Respondents from proceeding with disciplinary action against him, alternatively an order that the disciplinary proceedings against him be dealt with in terms of section 188(A) of the Labour Relations Act (“LRA”) The application related
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Mushi v EXXARO Coal (Pty) Ltd Grootegeluk Coal Mine (JA62/2018) [2019] ZALAC 44;

SUMMARY The Appellant (“Mushi”) had been employed by the Respondent, Exxaro Coal (Pty) Ltd, (“Exxaro”) at Grootegeluk Coal Mine for 24 years. On 10 March 2015, Mushi was on duty driving an oversized coal haul truck. Mushi reported to his foreman that a shovel operator was loading his truck in an unsafe manner and the
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