“Inherent requirements of the job” and “reasonable accommodation” are important concepts when considering the distinction between disability and incapacity in the workplace. In this reported judgment of the Labour Court (Gugwini v National Consumer Commissioner (2023) 44 ILJ 2237 (LC)) the employee, a senior researcher, was declared legally blind. The National Consumer Commissioner’s
Employment and Labour
Abscondment dismissal requires proof of no intention to return to work
By Zaid Majiet on
During the height of the 2020 Covid-19 pandemic, the employer, Concrete Lining Products, decided to close down operations from 25 March to 16 April 2020 whilst continuing to pay its employees in full for that period, with the amount paid to be offset against the employees’ annual leave for days not worked.
The applicant…
Enforcement of a restraint of trade agreement fails for lack of proof of a protectable interest
By Zaid Majiet on
This blog was co-authored by Felix Le Roux, Candidate Attorney
On 8 November 2022, the Labour Court dismissed an urgent application by an employer, a national gym organisation, in which it sought to enforce the terms of a restraint of trade agreement against their former national sales manager who took up employment with their main…