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Article 17/2026

What is the difference between disputes regarding the validity of a collective agreement when so pitched against disputes regarding either the enforcement or application of collective agreements?

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  • In the most basic terms, a dispute about the validity of a collective agreement is a dispute where the collective agreement is attacked and it is considered a nullity.
  • On the other hand, a dispute about the enforcement of a collective agreement, in short, boils down to the acceptance of the validity of the agreement and the relief sought is specific performance.
  • And, so, what is a dispute about the application of a collective agreement? The supreme court of appeal, in MEC for Economic Development, Environment and Tourism: Limpopo v Leboho (2022) 33 SALLR 281 (SCA); (2022) 43 ILJ 2694 (SCA) (Leboho), with reference to Hospersa obo Tshambi v Department of Health, KZN [2016] 7 BLLR 649 (LAC) (Tshambi), stated the following: ‘A dispute about the application of a collective agreement requires, at a minimum, a difference of opinion about whether it can be invoked.’
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?