Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others (CCT194/17) [2018] ZACC 22 (26 July 2018)

SUMMARY The interpretation of Section 198A(3)(b) of the Labour Relations Act 66 of 1995 (“the Act”) is an issue that has found itself before the South African courts on a frequent basis over the last couple of years. In 2015, Assign Services (Pty) Ltd (“Assign”) which is a temporary employment service (“TES”), or labour broker,
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Spar Group Limited v Sea Spirit Trading 162 CC t/a Paledi and Others (JA47/2017) [2018] ZALAC 15 (7 June 2018)

BACKGROUND Cornelius Vermaak and Marline Vermaak (“the Vermaaks”) were employed by Paledi Superspar and Paledi Tops (“Paledi”), respectively, as managers of the businesses. Paledi obtained trading stock on credit from the Spar Group Ltd (“Spar”). As security for their acknowledged indebtedness to Spar, on 4 December 2013, two general notarial covering bonds were registered over
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Rustenburg Platinum Mine v South African Equity Workers Association obo Meyer Bester and Others (CCT127/17) [2018] ZACC 13 (17 May 2018)

BACKGROUND Mr Bester, who was represented by the South African Equity Workers Association (“SAEWA”), was an employee of Rustenburg Platinum Mine (“Applicant”).  In April 2013, Mr Bester attempted to raise a parking issue with the Applicant’s Chief Safety Officer (“Mr Sedumedi”). His attempts were ignored which led to Mr Bester allegedly interrupting a safety meeting,
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Mashaba v Telkom SA (2018) 39 ILJ 1067 (LC)

SUMMARY The factual matrix from which this judgment arises concerns an Automatically Unfair Dismissal dispute. Telkom SA (“the Employer”) dismissed Mr Mashaba (“the Employee”) following an enquiry into an email containing a memorandum which was circulated by the Employee.  At the heart of the Employee’s contention was that he had been Automatically Unfairly dismissed, as contemplated
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South African Airways (SOC) Ltd v The Commission for Conciliation, Mediation and Arbitration and Others ZALCJHB [January 2018]

SUMMARY The Applicant, South African Airways (SOC) Ltd (hereinafter referred to as “SAA”), the employer of the Third Respondent Matebogo Thipe (hereinafter referred to as “Thipe”) sought a review of an arbitration award granted by the Commission for Conciliation, Mediation and Arbitration (the “CCMA”) in favour of Thipe in 2014. Thipe had been dismissed by
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Mashego v Cellier No and Others (2016) 37 ILJ 994 (LC)

SUMMARY The applicant, Mr Mashego, was dismissed for alleged misconduct. In response thereto, he referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (“the CCMA”). The matter remained unresolved at conciliation and, as a result, the applicant referred his case to arbitration, which came before the first respondent in his capacity
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Association of Mineworkers & Construction Union on behalf of Employees v Patcon Construction & Civil Engineering Contractors (Pty) Ltd (2018) 39 ILJ 586 (LC)

SUMMARY The factual matrix from which this judgment arises concerns a retrenchment dispute. The matter pivoting on the consultation process adopted by Patcon Construction & Civil Engineering Contractors (Pty) Ltd (the “Employer”) with the Association of Mineworkers & Construction Union (the “Trade Union”). The Trade Union disputed the Employer’s compliance with the consultation process stipulated
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Case Note: Tshegofatso Manyetsa V New Kleinfontein Gold Mine (Pty) Ltd (JS 706-14)

Summary Ms Manyetsa (“the Applicant”) works as an underground electrician for New Kleinfontein Gold Mine (Pty) Ltd (“the Respondent”) . In this matter, she sought damages against the Respondent based on sec 6(1) of the Employment Equity Act (“EEA”) for loss actually incurred when she, in terms of a policy (Maternity Leave and Women in
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Transfer of Business: Section 197 of the Labour Relations Act and the Obligations It Creates

Introduction This article examines the effect of section 197 of the Labour Relations Act No. 66 of 1995 as amended (the Act) on employees and employers’ rights and obligations during the transfer of a business as a “going concern”. This article will also discuss the treatment of various types of employees during a section 197
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Sexual Harassment in the Workplace: The Employer’s Obligation to Take Positive Steps in Protecting Its Employees

By Pierre van der Merwe, Partner and Charlotte Clarke, Candidate Attorney, 8 November 2017   Introduction The issue of sexual harassment is in the spotlight recently with everyone from Hollywood director Harvey Weinstein to our own South African politicians coming under fire for their conduct. The #MeToo movement has further encouraged victims of sexual harassment
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