Following a near-miss accident at a four-way intersection controlled by traffic lights, the applicant was instructed to attend a disciplinary hearing. At the time of the incident the applicant was driving a large truck carrying gas canisters. It was common…
When a CCMA commissioner found that Andira Maharaj’s dismissal was substantively unfair, her employer took the award on review to the Labour Court. Maharaj, the employer’s accountant, had been informed that her salary would be cut by 40% and that…
An employee who was already on a final written warning for not taking the breathalyser test each time when entering the company premises, was again caught for using a different entrance to avoid being breathalysed. After he was caught, he…
One of the requirements in the City of Johannesburg’s advertisement for a position of Deputy Director: Legal Support was that candidates must be qualified attorneys “admitted to the bar”. The applicant, who was already employed by the City as a…
In 2018 the Constitutional Court decriminalised the use of cannabis in a private space, that is, at home. The workplace, however, is not a private space. Cannabis contains a chemical substance known as THC, and this substance stays in the…
Some years ago the Constitutional Court said in Equity Aviation Services (Pty) Ltd V CCMA and Others that: “Reinstatement is the primary statutory remedy in unfair dismissal disputes. It is aimed at placing an employee in the position he or…
In SAUO obo Moller v MEC for Department of Education: North-West Province an arbitrator directed the respondents to place the applicant on the correct post level and to pay her backpay with interest. The award was certified in terms of…
On 21 February 2024 the Labour Court reminded parties that applicants who were not part of the conciliation process before the CCMA were not properly before the Labour Court. At paragraph 82 of the judgment in Ngobeni and Others vs…
The new BCEA threshold took effect on 1 April 2024. Only employees who earn less than R254 371.67 per annum or R 21 197.64 per month will be able to claim for overtime worked, or to refer a dispute to…
In Seokwane v Bidvest Prestige Cleaning Services the applicant was employed after she had passed the retirement age of 60. The employer’s attempts to rely on its retirement policy to terminate the contract, was rejected by the Labour Court. The…