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

November 25, 2024

What are the principles governing the vicarious liability of an employer for acts committed by an employee in breach of the EEA, in terms of s60 of the EEA?

November 25, 2024

The scenario is as follows: only employees working at a bakery and not employees working at a mill were party to the disputes when referred to conciliation.  At arbitration, the union wanted to join the employees working at the mill.

Is such joinder permissible?

November 25, 2024

What is the test for unfair discrimination formulated in Harksen v Lane and consistently applied subsequently by the various courts, including, recently, Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v FAWU (2022) 33 SALLR 277 (LC); (2022) 43 ILJ 1584 (LC)?