Attached for your information a copy of the judgment that was delivered by the Supreme Court of Appeal last Friday, 9 November 2012, in an application that was brought by SAPOA against the City Council of JHB and Four Others.
On 31 October 2012, the Western Cape High Court handed down a judgment (Bright Bay Property Service (Pty) Ltd v The Moravian Church in South Africa, Case No 3130/12) which should serve as a warning to all mining companies who do not wish to allow their mineral licenses / permits to inadvertently lapse.
A recent judgment could mean that attorneys will be allowed to represent parties at the CCMA in all unfair dismissal disputes. Currently, the CCMA Rules provide that in cases of misconduct and incapacity, parties are not entitled to be represented by legal practitioners.
The Labour Court held in a recent judgment Van Dyk v Kouga Municipality that it may be sufficient for the job applicant to have the capacity to achieve the qualification listed in the job advert. Mr Van Dyk, a white male, alleged he was unfairly discriminated against on the basis of sex or race when the Municipality failed to appoint him to the post of platoon officer in the Fire Department.
The case of Herholdt v Nedbank Ltd involved a financial broker who failed to disclose to his employer, Nedbank, that a client had nominated him as a beneficiary in his will. This was in contravention of Nedbank's Conflict of Interest and Ethics policy. Herholdt avoided a number of opportunities to disclose the bequest to his employer, which lead to a finding of dishonesty and he was dismissed from the Bank after 14 years' service.
The Protection of Personal Information Bill, 2009 ("the Bill") will have significant implications for employers in terms of how they collect, store, disseminate and delete employee personal information.