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Article 22/2022

What is the difference between contractual, statutory and collective agreement rights and obligations?

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Statutory rights and obligations

  1. these types of disputes are created by statute and concern an alleged statutory unfair dismissal or an alleged statutory unfair labour practice;
  2. the employee is entitled to claim reinstatement, re-employment or compensation;
  3. the CCMA and labour court have jurisdiction to determine these disputes concerning the unfair conduct of an employer in terms of, inter alia, s193, s194 and s195 of the LRA

Contractual rights and obligations

  1. these disputes concern the alleged breach of a contract, excluding a collective agreement;
  2. the claimant’s claim is for damages, compensation or specific performance;
  3. the labour court and high court have concurrent jurisdiction in terms of s77(3) and s77A(e) of the BCEA;
  4. the claimant targets the unlawful conduct of the respondent and, if indeed it is a dismissal matter, a declaration that same is unlawful and ab initio void;

Collective agreement

  1. here the cause of action is the breach of such agreement and the remedy is set out in s24 of the LRA;
  2. s77(3) and s77A(e) of the BCEA are not applicable.
September 7, 2026

The previous article dealt with the distinction between misconduct constituting desertion and misconduct constituting abscondment – see, further, in this regard, Okhahlamba Local Municipality v Mabuya (2021) 32 SALLR 12 (LC).

In this article, what we attempt to do is provide some clarity as to a very different misconduct, namely, the misconduct of deeming desertion.

August 31, 2026

What is the difference between desertion and abscondment?

August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?