Article 11/2022

What is the content of the common law duty of the employer to take reasonable care of its employees?

_____________________________________

It is well-established that there is a common law duty of reasonable care on an employer in respect of its employees (e.g. Van Deventer v Workmen’s Compensation Commissioner 1962 (4) SA 28 (T), Vigario v Afrox Ltd 1996 (3) SA 450 (W) and Media 24 Ltd and Another v Grobler 2005 (6) SA 328 (SCA)).

The above obligation to take reasonable care exists in respect of protecting employees against physical harm as well as protecting employees against psychological harm.

Employees have available to them both statutory and common law remedies.

September 2, 2025

What alternative claim(s) exist in delict to a statutory automatically unfair dismissal, a statutory constructive dismissal and a statutory unfair discrimination claim?

September 2, 2025

The scenario is as follows: in terms of a collective agreement between an employers’ organisation and various trade unions, provision is made for the accreditation of medical schemes by the relevant bargaining council, so that employees may enjoy the benefits of selecting and joining a scheme to which their employers contribute.

August 26, 2025

The labour court is afforded jurisdiction ito s77(1), read with ss77(3), of the BCEA to hear and determine any matter concerning a contract of employment, irrespective of whether a basic condition of employment constitutes a term of contract.