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…
On 18 December 2023 a CCMA commissioner upheld David Nemushungwa’s dismissal for having referred to his fellow employees in Zulu as “monkeys”. He conceded that he did so. Initially he said he was joking. In a second version he told…
The High Court has accepted affidavits commissioned virtually while a Commissioner of Oaths was present. The High Court accepted the definition provided in the new Shorter Oxford Dictionary which inter alia states that the phrase “in the presence of” suggests…