i © SALLR 2019 CONTENTS A. INTRODUCTION 1 B. CONTRACTUAL RIGHTS AND OBLIGATIONS 3 1. BASIC CONDITIONS OF EMPLOYMENT ACT, 75 of 1997 3 1.1 s77(3) CLAIMS 3 1.1.1 REQUIREMENT THAT THE ISSUE IN DISPUTE MUST BE LINKED TO AN EMPLOYMENT CONTRACT 3 1.1.1.1

i © SALLR 2018 CONTENTS A. INTRODUCTION 1 B. CONTRACTUAL RIGHTS AND OBLIGATIONS 2 1. BASIC CONDITIONS OF EMPLOYMENT ACT, 75 of 1997 2 1.1 s77(3) CLAIMS 2 1.1.1 UNLAWFUL DISMISSALS 2 1.1.1.1 Tshivhandekano v Minister of Mineral Resources and Others 2

i © VAN ZYL, RUDD 2017 CONTENTS A. INTRODUCTION 1 B. CONTRACTUAL RIGHTS AND OBLIGATIONS 1 1. BASIC CONDITIONS OF EMPLOYMENT ACT 75 of 1997 1 1.1 s77(3) CLAIMS 1 1.1.1 UNLAWFUL DISMISSALS 1 1.1.1.1 KwaZulu-Natal Tourism Authority and Others v Wasa 1

i © VAN ZYL, RUDD 2016 CONTENTS 1. INTRODUCTION 1 2. DISMISSALS 1 2.1 DISMISSALS ON THE GROUNDS OF MISCONDUCT 1 2.1.1 „TEN GOLDEN RULES‟ APPLIED BY THE LABOUR COURT TO DETERMINE PROCEDURAL FAIRNESS OF A DISCIPLINARY ENQUIRY 1 Pillay v Commission

i © VAN ZYL, RUDD 2015 CONTENTS 1. INTRODUCTION ........................................................................................................................... 1 2. DISMISSALS .............................................................

i © VAN ZYL, RUDD 2014 CONTENTS Page 1. INTRODUCTION 1 2. DISMISSALS 1 2.1 DISMISSALS ON THE GROUNDS OF MISCONDUCT 1 2.1.1 USE OF EXPIRED WARNINGS 1 NUMSA obo Emmanuel Zwane v Maksal Tubes (Pty) Ltd Unreported case no MEGA 37025 (2013) 34 ILJ 1860 (

i CONTENTS Page 1. INTRODUCTION 1 2. DISMISSALS 1 2.1 DISMISSALS ON THE GROUNDS OF MISCONDUCT 1 2.1.1 ABSENCE FROM WORK WITHOUT PERMISSION TO ATTEND INITIATION SCHOOL TO BECOME A TRADITIONAL HEALER/SANGOMA 1 Kievits Kroon Country Estate (Pty) Ltd v J

i © Van Zyl Rudd 2012 CONTENTS Page 1. INTRODUCTION 1 2. DISMISSALS 1 2.1 DISMISSALS ON THE GROUNDS OF MISCONDUCT 1 2.1.1 ALCOHOL-RELATED OFFENCE 1 Transnet Freight Rail v Transnet Bargaining Council and Others 1 (a) Which obligations must an arbitr

© VAN ZYL, RUDD 2011 1 1. INTRODUCTION The present seminar workbook contains a case law review of important decisions handed down by a bargaining council, the labour court, the labour appeal court, the high court and the supreme court of appeal, und

i CONTENTS Page 1. INTRODUCTION 1 2. DISMISSALS 1 2.1 DISMISSALS ON THE GROUNDS OF MISCONDUCT 1 2.1.1 EMPLOYER IMPLEMENTING A MORE SEVERE SANCTION THAN THE ONE HANDED DOWN BY A PRESIDING OFFICER OF AN INTERNAL ENQUIRY 1 Samson v Commission for Concil

i CONTENTS Page 1. INTRODUCTION 1 2. DISMISSALS 1 2.1 DISMISSALS ON THE GROUNDS OF MISCONDUCT 1 2.1.1 TRANSMISSION OF RACIST/OFFENSIVE E-MAILS 1 Edgars Consolidated Ltd (EDCON) v CCMA, Bracks NO and Pillay (2009) 20 (1) SALLR 1 (LC) 1 (a) When would

i © VZR 2008 1. GENERAL INTRODUCTION 2. DISMISSALS 2.1 DISMISSALS ON THE GROUNDS OF MISCONDUCT 2.1.1 DISMISSAL OF EMPLOYEES WORKING DURING THE PERIOD THAT THE MISCONDUCT HAD BEEN COMMITTED RSA Geological Services (A Division of De Beers Consolidated

i CONTENTS Page 1. INTRODUCTION 1 2. DISMISSALS 1 2.1 DISMISSALS ON THE GROUNDS OF MISCONDUCT 1 2.1.1 DISMISSAL OF AN EMPLOYEE FOUND GUILTY OF RACIAL CONDUCT AND OVERTURNED ON INTERNAL APPEAL 1 (a) Under which circumstances will the labour court upho

6. COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 130 OF 1993 6.1 POST-TRAUMATIC STRESS DISORDER (PTSD) AND WHETHER SUCH CONSTITUTES OCCUPATIONAL INJURY AND/OR OCCUPATIONAL DISEASE UNDER COIDA (a) What requirements had to be satisfied for a

1. INTRODUCTION Under section one, that is, under the case law review section of the present seminar workbook, regard will be had to a number of key issues that have been dealt with by the CCMA, the labour court, the labour appeal court, the high cou

i LABOUR LAW THROUGH THE CASES 2006 CONTENTS 1. INTRODUCTION 2. DISMISSALS 2.1 DISMISSALS ON THE GROUNDS OF MISCONDUCT 2.1.1 ALCOHOL-RELATED MISCONDUCT/ABUSIVE LANGUAGE (a) Where an employee is charged with a disciplinary offence, in the form of bein

2. DISMISSALS 2.5 AUTOMATICALLY UNFAIR DISMISSALS 2.5.3 s187(1)(d) DISMISSALS 2.5.3.1 DISMISSAL FOR ACTIVE ROLE PLAYED BY EMPLOYER AS CHAIRMAN OF UNION IN UNION’S DEALINGS WITH EMPLOYER AND FOR ROLE IN LITIGATION INSTITUTED AGAINST EMPLOYER BY UNIO

2. DISMISSALS 2.5 AUTOMATICALLY UNFAIR DISMISSALS 2.5.3 s187(1)(d) DISMISSALS 2.5.3.1 DISMISSAL FOR ACTIVE ROLE PLAYED BY EMPLOYER AS CHAIRMAN OF UNION IN UNION’S DEALINGS WITH EMPLOYER AND FOR ROLE IN LITIGATION INSTITUTED AGAINST EMPLOYER BY UNIO

2. DISMISSALS 2.5 AUTOMATICALLY UNFAIR DISMISSALS 2.5.1 s187(1)(h)/s187(1)(c) DISMISSALS 2.5.1.1 DISMISSALS FOR MAKING PROTECTED DISCLOSURE IN FORM OF REPORT OF IRREGULAR SHARE-TRADING/DISMISSAL TO COMPEL ACCEPTANCE OF DEMAND TO CHANGE FROM HALF-DAY

1 2. DISMISSALS 2.5 AUTOMATICALLY UNFAIR DISMISSALS 2.5.2 s187(1)(f) DISMISSALS: DISCRIMINATORY DISMISSAL ON BASIS OF AGE 2.5.2.1 DISMISSAL OF EMPLOYEE ON GROUNDS THAT HE HAD REACHED NORMAL RETIREMENT AGE (a) Where a particular employee, employee X,

2. DISMISSALS 2.5 AUTOMATICALLY UNFAIR DISMISSALS 2.5.4 s187(1)(g) DISMISSALS 2.5.4.1 WHEN s197 TRANSFER, OR REASON RELATED THERETO, RATHER THAN OPERATIONAL REQUIREMENTS, WILL CONSTITUTE REASON FOR DISMISSAL (a) Can operational requirements dismissal

2. DISMISSALS 2.3 DISMISSALS ON THE GROUNDS OF OPERATIONAL REQUIREMENTS AND s197 TRANSFERS 2.3.3 MEANING AND IMPLICATIONS OF s189A(13) OF 1995 LRA (a) What was the goal or purpose of s189A of the 1995 LRA? (b) When could a s189A(13) application be br

2. DISMISSALS 2.3 DISMISSALS ON THE GROUNDS OF OPERATIONAL REQUIREMENTS AND s197 TRANSFERS 2.3.3 MEANING AND IMPLICATIONS OF s189A(13) OF 1995 LRA (a) What was the goal or purpose of s189A of the 1995 LRA? (b) When could a s189A(13) application be br

2. DISMISSALS 2.3 DISMISSALS ON THE GROUNDS OF OPERATIONAL REQUIREMENTS AND s197 TRANSFERS 2.3.2 SELECTION CRITERIA/ALTERNATIVES TO DISMISSAL/NEED TO RETRENCH (a) For the retrenchment of specific employees to be substantively fair, what is the nature

2. DISMISSALS 2.3 DISMISSALS ON THE GROUNDS OF OPERATIONAL REQUIREMENTS AND s197 TRANSFERS 2.3.1 SEVERANCE PAY (a) What is the purpose of, or rationale behind, the payment of severance pay - more particularly, is its purpose to tide the employee over