MALATJI V CITY OF TSHWANE METROPOLITAN MUNICIPALITY AND OTHERS (JR654/17) [2019] ZALCJHB 300 (7 November 2019)
Wednesday, 13 November 2019
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
- Published in 2019, Labour Law
No Comments
Masoga and Another v Pick n Pay Retailers (Pty) Ltd and Others (JA14/2018) [2019] ZALAC 59 (12 September 2019)
Tuesday, 05 November 2019
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”),
- Published in 2019, Labour Law
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
North Safety Products v Naidoo and Another (D943/19) [2019] ZALCD 7
Wednesday, 18 September 2019
BACKGROUND AND SUMMARY The Application brought before the court concerned the enforcement of a restraint of trade agreement for a period of 12 (Twelve)months within the geographical area of Richards Bay, as well as certain confidentiality undertakings, to be held against Marshall Naidoo (“the First Respondent”), an erstwhile sales representative of North Safety Products (“the
- Published in 2019, Labour Law, News, Restraint of Trade
Mthethwa v Department of Health: Gauteng Province and Another (JR2485/12) [2019] ZALCJHB 166 (25 June 2019)
Friday, 30 August 2019
SUMMARY On analysis of the factual matrix, the dispute at hand emanated from the unfair dismissal of TP Mthethwa (“the Employee”) by the Department of Health: Gauteng Province (“the Employer”). The Employee initially referred the unfair dismissal dispute to the relevant bargaining council where the Employee was unsuccessful, being dissatisfied with that outcome, the Employee
- Published in 2019, Labour Law, News
Mvubu v Pharmaceutical Contractor (Pty) Ltd (JS845/17) [2019] ZALCJHB 186 (31 July 2019)
Friday, 30 August 2019
SUMMARY Richard Mvubu, the Applicant (“Employee”), was permanently employed by Pharmaceutical Contractor (Pty) Ltd, the Respondent (“Employer”). The Employee was employed to work the night shift in the manufacturing and granualtion unit of the Employer. Following an attempted armed robbery with a demand for ransom at the Employer’s premises, the Employer initiated retrenchment proceedings in
- Published in 2019, Labour Law, News
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
Molehe v Public Health and Social Development Sectoral Bargaining Council and Others (167/2014) [2019] ZALCCT 19 (2 August 2019)
Wednesday, 07 August 2019
SUMMARY This case deals with the review of an arbitration award which was issued on 17 March 2013. Below, are the facts that lead to the aforementioned arbitration award. Lucas Moeketsi Molehe (“the Applicant”) was employed by the Department of Social Development, Free State Province (“the third Respondent”), as a social auxiliary social worker,
- 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
Moneyline Financial Services (Pty) Ltd v Chakane NO and Others (JR245417) [2019] ZALCJHB 156 (19 June 2019)
Tuesday, 16 July 2019
SUMMARY The factual matrix from which this judgment arises concerns a dismissal of employees due to poor work performance. The Employer Moneyline Financial Services (Pty) Ltd dismissed the Third Respondent and 7 others (“the Employees”) who were employed in capacity as sales representatives. Following such dismissals, the matter proceeded to arbitration proceedings where it was
- Published in 2019, Labour Law, News
