Article 58/2021

Labour Edge

What is the content of the reasonableness requirement to be complied with for a secondary strike to be lawful?

The reasonableness requirement involves a proportionality assessment: the harm caused by the secondary strike to the secondary employer must be in proportion to the harm potentially caused to the primary employer as a consequence of the secondary strike.  In the labour court’s view, this called for an assessment of three key issues:

  1. the effect of the secondary strike on the secondary employer;
  2. the possible direct or indirect effect that the secondary strike may have on the business of the primary employer; and
  3. the proportionality of the harm caused to the primary and secondary employers respectively.
September 2, 2025

What alternative claim(s) exist in delict to a statutory automatically unfair dismissal, a statutory constructive dismissal and a statutory unfair discrimination claim?

September 2, 2025

The scenario is as follows: in terms of a collective agreement between an employers’ organisation and various trade unions, provision is made for the accreditation of medical schemes by the relevant bargaining council, so that employees may enjoy the benefits of selecting and joining a scheme to which their employers contribute.

August 26, 2025

The labour court is afforded jurisdiction ito s77(1), read with ss77(3), of the BCEA to hear and determine any matter concerning a contract of employment, irrespective of whether a basic condition of employment constitutes a term of contract.