Article 12/2024

What is the viewpoint of the labour appeal court, as expressed in SA Municipal Workers’ Union obo Morwe v Tswaing Local Municipality and Another [2023] 2 BLLR 131 (LAC); (2022) 33 SALLR 60 (LAC) as to the question as to whether or not the labour court only has jurisdiction during the existence of a contract of employment and not once it has been terminated?

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The labour appeal court, in the aforesaid judgment, adopted the following approach:

  • s77(3) of the BCEA confers on the labour court concurrent jurisdiction with civil courts
  • the limitation exists in respect of matters concerning a contract of employment
  • whatever a civil court can hear ‘concerning a contract of employment’ is what the labour court can hear, and this is not limited to contracts which are in existence and have not been terminated
  • thus, a dispute concerning a contract of employment covers disputes whether the contract has been validly cancelled or has been breached
October 10, 2024

What approach did the constitutional court recently adopt, in NUMSA v Trenstar (Pty) Ltd (2023) 44 ILJ 1189 (CC)?

October 3, 2024

Is an employer entitled to rely on s68(1)(b) of the LRA to claim compensation for losses suffered during a protected strike/lockout?

September 26, 2024

In the scenario where an employer was not permitted to trade during the Covid-19 lockdown (i e hard lockdown), are the employees, who could not tender their services lawfully, entitled to their normal benefits, such as leave and bonus benefits?