Posts Tagged ‘Labour Appeal Court’
Equal Pay for Equal Work
In the matter of Passenger Rail Agency of South Africa v Hoyo (CA04/2023) [2024] ZALAC 57; [2025] 2 BLLR 160 (LAC) (6 November 2024) the Labour Appeal Court (LAC) overturned a Labour Court decision that had found the employer guilty of unfair discrimination against the employee on the basis of race and unequal pay. The LAC found…
Read MoreUnderlying cause in a section 197 transfer? Labour Appeal Court clarifies
The recent Labour Appeal Court (LAC) decision in Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Belinda Perlee (JA01/24) provides further clarification on the interpretation of section 197 of the Labour Relations Act 66 of 1996 (LRA). This matter concerned a dispute over whether employees of Avis Fleet, who were dismissed following a restructuring…
Read MoreAbsenteeism
In the matter of MURRAY AND ROBERTS CEMENTATION (PTY) LTD V AMCU OBO DUBE AND OTHERS (JA96 / 2022) [2023] ZALAC 26 (18 OCTOBER 2023), the complexities of workplace absenteeism and disciplinary procedures were highlighted. The employee, an artisan assistant electrician employed since 17 January 2018, was dismissed on 7 November 2019, following a disciplinary…
Read MoreRed means stop – LAC confirms appropriateness of dismissal based on totality of evidence
A recent decision by the Labour Appeal Court (LAC) in Algoa Bus Company (Pty) Ltd v Tirisano Transport and Services Workers Union (TASWU) obo Mzawi and Others considers an employer’s onus in proving the fairness of a dismissal for misconduct, particularly when it comes to the appropriateness of dismissal as a sanction. In its judgment,…
Read MoreCourt tells Woolworths to reinstate worker after claiming faked sick notes
The court said evidence provided by Woolworths did not meet legal standards as it failed to show the employee knew the doctor was fraudulent A recent judgment by the Labour Appeal Court (LAC) has raised the bar for companies to provide evidence of employees fabricating sick notes to justify their dismissal. The ruling compelled retail…
Read MoreDispute settlement agreement at CCMA rendered restraint of trade annulled
The Labour Appeal Court had to determine whether a settlement agreement concluded at the CCMA, extinguished the rights of the employer in so far as it related to a restraint of trade agreement. The restraint agreement provided as follows: 1. In the event of the termination of my employment with the COMPANY for any reason…
Read MoreIs it unfair to dismiss employees who reject vertical bumping?
In Porter Motor Group v Karachi (“Karachi”), the Labour Appeal Court (“LAC”) set out the principles of bumping in retrenchments. It held that the Last In First Out (“LIFO”) principle is considered a fair selection method as it prioritises those employees who have served the employer for a longer period of time. It also accepted the principle…
Read MoreAgency shop agreements and the principle of fairness
In the recent case of Association of Mineworkers and Construction Union v UASA (Formerly named the United Association of South Africa) and Others [2023] 11 BLLR 1134 (LAC) the Labour Appeal Court (LAC) considered whether members of a minority union that is a bargaining agent recognised within a bargaining council should be liable for the payment of agency…
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