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
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
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
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
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
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
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
SUMMARY Tshepo Malatji (the “Applicant”), who was an employee of The City of Tshwane Metropolitan Municipality (the “First Respondent”) applied for 8 director positions on 8 February 2013, which positions were advertised by the First Respondent. One of the positions that the Applicant applied for was that of Director of Road Policing, unfortunately the Applicant
BACKGROUND Pick ‘n Pay Retailers (Pty) Ltd (“PNP”) operates in-store bakeries to produce baked goods at certain of their stores. As part of an empowerment initiative, PNP decided to use these bakeries to train previously disadvantaged persons to operate self-standing bakeries, capable of operating independently of PNP. PNP contracted with Assist Bakery 115 CC (“AB”),
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)