This blog was co-authored by: Mduduzi Sibiya, Candidate Attorney The 2019 amendments to section 69 of the Labour Relations Act, 1995 provide that no picket in support of a protected strike or in opposition to a lockout may take place in the absence of picketing rules. The picketing rules may be agreed to or determined … Continue reading
An attempt to stop NUMSA from calling a strike because it had not held a secret ballot failed. In the matters between NUMSA and Mahle Behr and NUMSA and Foskor with AMCU as amicus curiae the Labour Appeal Court had to determine whether in the absence of compliance with the transitional provisions of the Labour … Continue reading
By Verushka Reddy and Kriyanka Reddi on Posted in General
It is the unfairness of a dismissal that is referred to conciliation, and not the reason for the dismissal. In resolving unfair dismissal disputes, the courts will look at substance over form. The court in Association of Mineworkers and Construction Union v Ngululu Bulk Carriers (Pty) Limited (in liquidation) and Others found that where AMCU … Continue reading
By Verushka Reddy, Kriyanka Reddi and Mandisa Duma on Posted in General
The declaration of a state of national disaster due to COVID-19 and the resulting nationwide lockdown has left employers and employees in a precarious situation. The lockdown has had a devastating impact on employment throughout the country, with many employees feeling the financial pinch of not having worked throughout the lockdown. What is clear is … Continue reading
By Verushka Reddy and Kriyanka Reddi on Posted in General
Secondment agreements allow for an employer to assign an employee to another organisation for a specified duration, for purposes of developing good business relationships; enhancing an employee’s particular skill set or for sharing the particular expertise of that employee with the host company. The employer and host company are required to enter into a secondment … Continue reading