Article 14/2023

If the employer holds the viewpoint that it would never have employed an employee had it known about certain factors which the employee failed to disclose, what are the potential remedies for such an employer?

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  • If the employer operates in the public sector, then the following potential avenues exist:
    • an application to the labour court to set the employment contract aside
    • an application to the labour court to review the employer’s decision to appoint the employee
    • the institution of misconduct proceedings against the employee
    • but under no circumstances is the employer entitled to institute self-help like, for instance,
      suspension with or without pay

(MEC Eastern Cape and Another v Kirland Investments (Pty) Ltd 2014 (5) BCLR 547 (CC) and Chief Lesapo v North West Agricultural Bank and Another 2001 (1) SA 409 (CC))

  • On the other hand, if the employer operates within the private sector, the following potential
    avenues exist:

    • an application to the labour court in terms of s77(3) of the BCEA
    • the institution of misconduct proceedings
    • but under no circumstances it the employer entitled to self-help as set out above
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.