Article 32/2021

Labour Edge

To what extent is a commissioner permitted to rely on the employer’s decision in determining whether or not a dismissal is fair?

The labour court recently, in De Kock v CCMA and Others (2019) 30 SALLR 177 (LC), relied on the following approach adopted in Wasteman Group v SA Municipal Workers Union and Others (2012) 33 ILJ 2054 (LAC), at 2057G–I, to emphasise the requirement of an independent decision by such commissioner:

‘…The commissioner is required to come to an independent decision as to whether the employer’s decision was fair in the circumstances, these circumstances being established by the factual matrix confronting the commissioner…’

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)?