Article 3/2022

In Erasmus v Dr Beyers Naude Local Municipality and Jack (2021) 32 SALLR 6 (ECG), the high court applied delictual principles within an employment environment.  What are the requirements to es

tablish a delict in this regard?

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  • firstly, a delict consists of the wrongful and culpable conduct causing patrimonial damage (pecuniary damage) – such culpable conduct can be either negligent or intentional.  The actio legis aquiliae principles are applicable

secondly, a delict consists of the wrongful and intentional infringement of an interest of personality – resulting in the recovery of sentimental damages (solatium).  The actio iniuriarum principles are so applicable

September 5, 2024

In assessing if reinstatement is fitting after CCMA deems dismissal in a fixed-term contract unfair, what factors guide this determination?

August 29, 2024

Is a binding agreement between a retrenching employer and the alternative employer required for the above section to be applicable and what role does the retrenching employer have to play in arranging alternative employment for such section to be applicable?

August 22, 2024

An accountant at a municipality faced dismissal for attempting to access the account. Reinstated after appealing to the bargaining council, new charges of dishonesty and IT policy breach led to another dismissal.