Public Newsletter
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Worklaw subscribers receive a monthly newsletter containing commentary on the latest labour law cases and trends. This newsletter contains an article on 'Strike law: 3 issues clarified', discussing recent judgments on these matters. We also discuss three new cases: The first case is another example of several recent judgments dealing with whether it is fair to dismiss an employee for testing positive for dagga. The second case considers whether there can be reinstatement to a fixed term contract. The third case asks what the difference is between the 'interpretation', 'application' and 'enforcement' of a collective agreement under section 24 of the LRA.
This public newsletter is a free edited version of the subscriber newsletter.
RECENT CASES
Is dismissal for testing positive for using dagga fair?
In SGB Cape Octorex (PTY) Ltd v Metal and Engineering Industries Bargaining Council and Others (JA 90/2021) [2022] ZALAC 118; (2023) 44 ILJ 179 (LAC); [2023] 2 BLLR 125 (LAC) (18 October 2022) the LAC confirmed that an employer is entitled to set its own standards and to determine the sanction for non-compliance with those standards, to enforce discipline in the workplace. This includes a rule making testing positive for dagga use a dismissable offence.
Read more (Worklaw subscriber access only)
Reinstatement to a fixed-term contract?
In Toyota SA Motors (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and others (DA6/2021) [2023] ZALAC 5 (14 February 2023) it was held that the remedy of reinstatement is confined to the situation where, at the date of the finding that the dismissal is unfair, the original employment contract would still have been in existence but for the unfair dismissal. Where the employee is employed on a fixed-term contract, the expiry of which precedes the unfair dismissal finding, then compensation and not reinstatement or re-employment is the appropriate remedy.
Read more (Worklaw subscriber access only)
What is the difference between the 'interpretation', 'application' and 'enforcement' of a collective agreement?
Section 24(2) of the LRA requires disputes about interpretation and application of a collective agreement to be resolved by conciliation and arbitration. The SCA in MEC for Economic Development, Environment and Tourism: Limpopo v Leboho (87/2021) [2022] ZASCA 131; (2022) 43 ILJ 2695 (SCA); [2023] 1 BLLR 56 (SCA) (6 October 2022) highlighted the difference between the enforcement of a collective agreement and its interpretation or application..
Read more (Worklaw subscriber access only)
ARTICLE: Strike law - three issues clarified.
By Prof Alan Rycroft
These are anxious times for foreign employees. Their employers are caught between loyalty to often long-serving and competent workers and, on the other hand, an increasingly hostile and punitive legal environment.There have been three recent cases dealing with the following different aspects of strike law:
- Can an individual employee use section 64(4) of the LRA dealing with the right to strike, to prevent a unilateral change to terms and conditions of employment?
- Can the employer's "workplace" be defined as a section of the employer's workforce?
- Does an unprotected picket mean that an accompanying strike is unprotected? Prof Alan Rycroft discusses these cases and highlights the learnings from these judgments.
Read more (Worklaw subscriber access only)
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Worklaw is an online labour law advice and information subscription service - see www.worklaw.co.za Worklaw subscribers can obtain advice from experienced arbitrators, research the law and leading cases, receive weekly and monthly news updates, attend Worklaw's annual labour law updates, and access excellent training material, model procedures and checklists, to name a few of these services.
Contact help@worklaw.co.za for more information.
Bruce Robertson
March 2023
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