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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.’
September 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.