The power of language: When a slip of the tongue becomes a dismissal The recent Labour Court judgment in GIWUSA obo Siyabonga Lungelobuthelezi v AEL Mining Services offers a sobering reminder of the importance of respectful conduct in the workplace, especially in...
Signed, but not settled: When settlement agreements do not end the story In the Labour Court matter of Gottlieb and Others v Procure Genii, five former employees challenged their dismissals and sought reinstatement or compensation. The employer raised a preliminary...
Your handy retrenchment compliance checklist Preliminary assessment Confirm retrenchment is due to operational requirements (economic, technological, structural). Determine if it’s a small-scale (Section 189) or large-scale (Section 189A) retrenchment. Selection...
Onus overlooked: When procedure fails justice in dismissal disputes In the recent Labour Court judgment of Solutions Group Events v Naude and Others, the court reviewed and set aside an arbitration award that had granted eight months’ compensation to an employee for...
Keys, machines, and consequences: When misconduct drives dismissal The Labour Court of South Africa recently reviewed a dispute between Tharisa Minerals and an employee, who was represented by the National Union of Public Service and Allied Workers. The case centred...
When employers delay payment: The Inyatsi Construction case What happens when an employer delays paying for a construction project that has been completed and signed off? The case of Inyatsi Construction SA Limited v The National Department of Public Works and Somama...
