LabourEdge is the sharp edge of labour law, human resources and employee relations.
It is designed by the SALLR team to assist busy practitioners when the boundaries of their knowledge, skills and insight are being challenged. On an ongoing basis, the latest developments are identified so that you can stay ahead of the game. Well-researched solutions are provided that will save you the time and effort slogging through periodicals, opinions, judgments, awards and publications.
In the scenario where an employee alleges that, as a result of a misrepresentation by his or her employer, a termination agreement was concluded, why, according to the labour appeal court in Baise v Mianzo Asset Management (Pty) Ltd (2019) 30 SALLR 158 (LAC), would it be the wrong approach to seek a declarator that the agreement is void and what should be the correct approach?
It is settled law that an arbitrator of the CCMA or a bargaining council may peal away the husk of allegations and deal with the real dispute. On what basis did the labour appeal court, in Baise v Mianzo Asset Management (Pty) Ltd (2019) 30 SALLR 158 (LAC), recently find that the same approach is not applicable when a contractual dispute is referred to the labour court?
An employee is expected to speak up if he/she objects to an employer’s action. On what basis did the labour appeal court recently, in Legal Aid South Africa v Theunissen (2019) 30 SALLR 34 (LAC), hold that the failure to speak up against altering a retirement age will result in the employee having acquiesced to the revised retirement age?
The labour appeal court recently confirmed that so-called flexibility provisions entitle an employer to change the retirement age of employees. How did the labour appeal court deal with such provisions contained in an employment manual and an employee’s individual letter of employment?
On what basis did the supreme court of appeal recently, in Theron v Premier of the Western Cape Province and Others (2019) 30 SALLR 192 (SCA), adopt the approach that, when interpreting contracts, statutory provisions, etc, a unitary exercise should be undertaken considering the text, context and purpose to achieve a sensible meaning?
In Wereley v Productivity South Africa and Naidoo NO (2020) 31 SALLR 103 (LC), the employee sought an order for specific performance consequent on a decision that her dismissal had been void ab initio on the basis of the fundamental breach committed by her employer by dispensing with an enquiry before dismissing her. On what basis did the labour court hold that reinstatement, from the date of dismissal, was the appropriate remedy for the employee (Wereley)?
An employee is not obliged to challenge the procedural unfairness of his or her dismissal in the CCMA. The employee may also challenge the non-compliance of such procedure with the contractual obligations of an employer. Such challenge will occur in the labour court and will be for specific performance or the cancellation of the agreement and a claim for damages. On what basis did the labour court recently, in Wereley v Productivity South Africa and Naidoo NO (2020) 31 SALLR 103 (LC), hold that it is a conceptual mistake to collapse these two causes of action simply because they both concern procedural non-compliance?