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.

June 12, 2025

In terms of s34(1) of the BCEA, an employer may not make deductions from an employee’s remuneration unless, subject to s34(2), the employee agrees, in writing, or the deduction is made in terms of a law, collective agreement, court order or arbitration award.

June 5, 2025

A case is moot and therefore not justiciable if it no longer presents an existing or live controversy. With reference to National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others [1999] ZACC 17; 2000 (2) SA 1 (CC), how did the supreme court of appeal, in Mhlontlo Local Municipality and Others v Ngcangula and Another (2024) 35 SALLR 132 (SCA) recently deal with this issue?

May 29, 2025

The principle underlying the doctrine of peremption is that no person can be allowed to take up two positions inconsistent with one another, or, as is commonly expressed, to blow hot and cold, to approbate and reprobate when considering pursuing litigation. With reference to Qoboshiyane NO v Avusa Publishing Eastern Cape [2012] ZASCA 166; 2013 (3) SA 315 (SCA), what is the test to be applied to determine whether or not a party has perempted its right to institute legal proceedings?