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
September 2, 2025

What alternative claim(s) exist in delict to a statutory automatically unfair dismissal, a statutory constructive dismissal and a statutory unfair discrimination claim?

September 2, 2025

The scenario is as follows: in terms of a collective agreement between an employers’ organisation and various trade unions, provision is made for the accreditation of medical schemes by the relevant bargaining council, so that employees may enjoy the benefits of selecting and joining a scheme to which their employers contribute.

August 26, 2025

The labour court is afforded jurisdiction ito s77(1), read with ss77(3), of the BCEA to hear and determine any matter concerning a contract of employment, irrespective of whether a basic condition of employment constitutes a term of contract.