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Article 22/2023

What is the interpretive approach to be adopted in respect of, inter alia:

  • pre-trial minutes
  • content of the BCEA
  • strike ballot guidelines
  • protest action
  • the content of the LRA
  • a separation agreement
  • benefits
  • advisory arbitration award
  • secondary strikes, etc?

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Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 (4) SA 593 (SCA) (para [18] et seq) formulates the approach to be adopted when interpreting legislation, other statutory instruments or contracts and essentially entails the following:

  • the starting point is attributing meaning to words used in the aforesaid documents
  • the language of the provisions must be read with reference to the context (reading the document as a whole), the purpose of the provision(s) and the background preparation and production of
    the document
  • obviously, consideration must be given to the language used with reference to the ordinary rules of grammar and syntax
  • where more than one meaning is possible, each meaning must be weighted with reference to the aforesaid factors and a sensible meaning is to be preferred to one that leads to insensible or unbusinesslike results or undermines the apparent purpose of the document
  • judges (and arbitrators) must be alert not to substitute what they think is reasonable, sensible or businesslike for the actual words used in the documents
  • the process of interpretation is objective and not subjective
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.