Article 13/2023

What is the extent of the duty on a person when applying for a job to disclose the circumstances under which his or her employment with a previous employer had been terminated?

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  • In Intercape Ferreira Mainliner (Pty) Ltd v McWade and Others (2019) 30 SALLR 148 (LC), it was held that, when applying for a job, there is a duty to disclose the circumstances under which employment with a previous employer was terminated if it is material to the prospective employer’s decision whether to employ such person or not
  • In similar vein, in Ndudane v Premier of Eastern Cape (2022) 33 SALLR 6 (ECB), it was held that an employee has an absolute duty to disclose such facts that are within his or her knowledge, which are material to a prospective employer’s decision whether to employ him or her

What are the consequences of the failure of a party or its representative appearing at arbitration in view of the content of s138(5) of the LRA?

Is a commissioner empowered to proceed with an arbitration involving a dispute referred to in terms of s191(5)(a) of the LRA, despite an objection by the other party to the dispute, but in non-compliance with rule 17(2) of the CCMA rules?

The constitutional court, in National Union of Metalworkers of SA v Lufil Packaging (2020) 31 SALLR 138 (CC).