by Thys Giliomee | Sep 27, 2024 | LabourTalk
Is the recovery of damages from senior employees lacking to perform their fiduciary duty and due diligence the future? I am referring to the judgement in Mogale and Another v The National Health Laboratory Services (delivered 13 September 2024) Johannesburg Labour...
by Thys Giliomee | Sep 18, 2024 | LabourTalk
The CCMA jurisdiction in respect of claims for monies outstanding, also referred to as claims in terms of section 73A of the Basic Conditions of Employment Act (BCEA), is limited. These limitations on claims in terms of section 73A are: Threshold In Prestige...
by Thys Giliomee | Sep 2, 2024 | LabourTalk
On 16 August 2024 the Labour Court (Cape Town) handed down judgement in the matter of SAMWU obo R Cheemee v City of Cape Town and others. Background Cheemee worked for the City for 30 years with a clean disciplinary record. On dismissal he was a Senior...
by Thys Giliomee | Aug 16, 2024 | LabourTalk
It cannot be disputed that both a resignation and a mutual separation agreement (MSA) end the employment relationship. The question is how these differs in law. Previous Case Law on Dismissals The Labour Court in Mtati v KPMG Services (Pty) Ltd (J2277/16)...
by Thys Giliomee | Aug 6, 2024 | LabourTalk
It is not uncommon for employees to frustrate disciplinary processes in an attempt to delay proceedings. The challenge lies in determining how much should be tolerated – akin to asking how long is a piece of string. The Supreme Court of Appeal (SCA) addressed...
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