Article 11/2022

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

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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.

November 25, 2024

What are the principles governing the vicarious liability of an employer for acts committed by an employee in breach of the EEA, in terms of s60 of the EEA?

November 25, 2024

The scenario is as follows: only employees working at a bakery and not employees working at a mill were party to the disputes when referred to conciliation.  At arbitration, the union wanted to join the employees working at the mill.

Is such joinder permissible?

November 25, 2024

What is the test for unfair discrimination formulated in Harksen v Lane and consistently applied subsequently by the various courts, including, recently, Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v FAWU (2022) 33 SALLR 277 (LC); (2022) 43 ILJ 1584 (LC)?