On occasion an employee joins a trade union which operates outside of the industry in which their employer operates. The Constitutional Court held that such a trade union does not have the power to represent the employee in CCMA and Labour Court proceedings if the registered scope of the trade union precludes the employee from
In October 2024, the Constitutional Court found that a claim by the now deceased person for reinstatement of her medical scheme membership which had been cancelled for non-disclosure could be transmitted to her estate.
Her claim was for the medical scheme to honour its contractual commitments. If upheld, the claim had a direct financial interest
In October 2024 the Constitutional Court, although dealing with a medical schemes claim, pertinently confirmed that where an insurer avoids a policy on the grounds of misrepresentation or non-disclosure whether under the common law or the Short-term Insurance Act, the insurer has to prove that the non-disclosure of a material information induced it to enter
On 2 October 2024, the Constitutional Court dismissed an application for leave to appeal brought by a municipality against an order directing it to pay compensation for security services rendered pursuant to an unlawful tender process.
The municipality had extended a contract with a security services provider without following a lawful tender process. Despite
In a January 2024 judgment the Labour Court reaffirmed the principles pertaining to the doctrine of common purpose in relation to violent acts committed by groups of employees during strike action.
In November 2018, about 2500 employees of a pharmaceutical retailer embarked on a protected strike which was subject to picketing rules. Following non-compliance with
This blog was co-authored by Hannah Howell, Candidate Attorney.
On 12 August 2022, the Road Accident Fund, in a presumed bid to extricate itself from its ever-expanding pothole of debt, issued a directive instructing its staff to reject any claims made for past medical expenses if a medical aid scheme had already paid for them.
This blog was co-authored by Felix Le Roux, Candidate Attorney
On 3 October 2023, the Constitutional Court dismissed an appeal by a joint venture oil company in respect of a review application it had brought against SARS. The Court ruled that a further request for reasons by an applicant, after the administrator has provided the
On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended.
Following unsuccessful claims in both the Labour Court and Labour Appeal Court, the union applied
This blog was co-authored by Felix Le Roux, candidate attorney
On 22 August 2022, the Constitutional Court (CC) upheld an appeal by the National Union of Metal Workers of South Africa (NUMSA) on behalf of 41 employees who were dismissed for acting in common purpose of assault during a strike, and found that their dismissal
The once and for all rule provides that in claims for compensation or satisfaction arising out of a delict, breach of contract or other cause, the plaintiff must claim damages once for all damage allegedly sustained or expected insofar as it is based on a single cause of action.
The law requires a party with