Skip to main content

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?

_____________________________________

  • 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
May 18, 2026

The previous article dealt with plant level collective agreements, in essence, to be considered in terms of s23 and 24 of the LRA.

On the other hand, sectoral level collective agreements are to be dealt with in terms of s31, read with s32 and s33A, of the LRA.

In respect of such sectoral level collective agreements, the following questions are currently of relevance:
• who is bound by a sectoral level collective agreement?
• what is the difference between a plant level collective agreement and a sectoral level collective agreement?
• how are collective agreements concluded in a bargaining council extended?
• how are sectoral collective agreements enforced?

May 11, 2026

What are the requirements to be complied with for a plant level agreement to constitute a collective agreement?

In respect of plant level collective agreements, the following questions are currently of particular relevance:

• who is bound by a plant level collective agreement?
• how does a plant level agreement extend to employees who are not members of the registered trade union or registered trade unions party to the agreement?
• if a plant level agreement has a specific beginning and end date, for what period is it binding?
• under what circumstances does a plant level agreement vary a contract of employment of an employee?
• if a plant level agreement is for an indefinite period, how can it be terminated?
• how are disputes regarding plant level collective agreements resolved?

May 4, 2026

From the previous articles dealing with employment equity, it is evident that a designated employer should, amongst other things (in no sequence of importance):

• identify the correct sector within which it operates, so that it can align itself with the sectoral targets
• ensure that its EEA9 classification is correct
• choose the right EAP
• determine whether a person is a suitably qualified person – firstly, same providing a ground for deviation from an employment equity plan and, secondly, same providing a justifiable reasonable ground for non-compliance with targets.

But, how should a designated employer deal with its employment equity targets from 2025 until the end of 2030?