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Article 10/2024

LabourEdge

What are the options available to an employee when an employer allegedly owes such employee monies in terms of a contract of employment?

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Scenario 1:  earning above the threshold

  • The current threshold in terms of s6(3) of the BCEA is R241 110.59 per annum.
  • If an employee wishes to resolve a dispute and earns above the said threshold, the employee has the following options available to him/her:
    • labour court
    • high court
    • magistrate’s court
    • small claims court – kindly take note that the small claims court has not geared itself to deal with these types of disputes

Scenario 2: earning below the threshold

  • In this regard, the threshold path is compulsory con-arb.
October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?