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Article 17/2025

Are you required to interpret any of the following: pre-trial minutes, strike ballot guidelines, the LRA, a separation agreement, a benefits dispute, an arbitration award, the BCEA, a restraint of trade, a traditional disciplinary enquiry charge sheet, the constitution of a trade union, etc?

If so, your understanding of the principles and application adopted by the SCA in Natal Joint Municipal Pension Fund v Endumeni Municipality (2012) 4 SA 593 (SCA) is required.

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The SCA, in Natal Joint Municipal Pension Fund v Endumeni Municipality (supra), adopted the following approach:

  • the exercise of interpretation entails attributing meaning to words used in any document, such as legislation, other statutory provisions or a contract;
  • the starting point is to read the language of the provision with reference to its context (i e reading the document as a whole), the purpose of the provision, the background to the preparation and production of the document;
  • when considering the language, reference must be made to the ordinary rules of grammar and syntax;
  • where more than one meaning is possible, each meaning must be weighed with reference to the above factors and a sensible meaning is to be preferred to one that leads to an insensible or unbusinesslike result, or undermines the apparent purpose of the document;
  • when interpreting a document, whoever is required to do so must be alert not to substitute what he/she thinks is reasonable, sensible or businesslike for the actual words used; and
  • at all times, cognisance must be taken of the fact that the process of interpretation is objective and not subjective.

See, further, Cool Ideas 1186 CC v Hubbard 2014 (4) SA 474 (CC), Democratic Alliance v Speaker, National Assembly 2016 (3) SA 487 (CC) and NUMSA v Chamber of Mines (2017) 38 ILJ 831 (CC).

October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?