Article 15/2021

Labour Edge

Although claims under the LRA and the BCEA are distinct and based upon different causes of action, can they be heard in a single hearing before the labour court?

The labour appeal court recently, in Baise v Mianzo Asset Management (Pty) Ltd (2019) 30 SALLR 158 (LAC), held as follows: Civil claims are entertained because of the concurrent jurisdiction of the labour court with the high court and that competence is not susceptible to being blended with remedies sought under the LRA.  Claims under both regimes can indeed be heard in a single hearing, but the claims themselves remain distinct, along with the need to discern distinct causes of action.

 

 

June 12, 2025

In terms of s34(1) of the BCEA, an employer may not make deductions from an employee’s remuneration unless, subject to s34(2), the employee agrees, in writing, or the deduction is made in terms of a law, collective agreement, court order or arbitration award.

June 5, 2025

A case is moot and therefore not justiciable if it no longer presents an existing or live controversy. With reference to National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others [1999] ZACC 17; 2000 (2) SA 1 (CC), how did the supreme court of appeal, in Mhlontlo Local Municipality and Others v Ngcangula and Another (2024) 35 SALLR 132 (SCA) recently deal with this issue?

May 29, 2025

The principle underlying the doctrine of peremption is that no person can be allowed to take up two positions inconsistent with one another, or, as is commonly expressed, to blow hot and cold, to approbate and reprobate when considering pursuing litigation. With reference to Qoboshiyane NO v Avusa Publishing Eastern Cape [2012] ZASCA 166; 2013 (3) SA 315 (SCA), what is the test to be applied to determine whether or not a party has perempted its right to institute legal proceedings?