Employers often want to change the way they run their businesses and this often requires employees to accept a change to terms and conditions of employment. When agreement cannot be reached on the proposed change, employers face a dilemma on how to persuade employees to accept the change.
The Labour Court found the South African Municipal Workers’ Union and its general-secretary, Simon Mathe, guilty of contempt of court after it was found that they did not do enough to persuade their members to comply with a court interdict during a wage strike at Pikitup.
In the recent case of NUMSA v Transnet SOC Limited, the Labour Appeal Court considered Transnet's Refusal to Engage the National Union of Metalworkers (“NUMSA”) on the granting of organisational rights.
In the recent unreported decision of Verulam Saw Mills (Pty) Ltd v AMCU and Others J1580/15 dated 20th October 2015, the court confirmed that a trade union is obliged to take all reasonable steps to ensure that its members comply with a picketing agreement.
In the recent decision of Shoprite Checkers (Pty) Ltd v Tokiso Dispute Settlement and Others , the Labour Appeal Court (“LAC”) considered the reasonableness of a dismissal of an employee based on an employer's zero tolerance policy.
Many companies have adopted a zero tolerance policy to various acts of employee misconduct. The Labour Appeal Court has confirmed that the mere implementation of a zero tolerance policy will not on its own be sufficient grounds for dismissal...
Labour brokers / temporary employment services (TES) place employees with their clients to carry out work over a temporary period of time, for example, Green Labour Brokers sends their employee, Joe Smith, to work for Plasma Pharmaceuticals. Section 198A of the Amended Labour Relations Act states that a “temporary employment service” (“TES”) means work for a client by an employee:
In the 7 May 2015 judgement of Algoa Bus Company (Pty) Limited v Transport Action Retail And General Workers Union (Thor Targwu) and Others, the South African Labour Court in Port Elizabeth ordered Thor-Targwu to pay R1.4 million in damages for conducting an unprotected strike at the Algoa Bus Company