The questions before the Labour Court in Mohlwaadibona v Moroka Municipality (J718/21) [2022] 2ALCJHB66 were threefold: What is the effect of resignation on the employment relationship? When does a resignation take effect? Can a resignation be unilaterally withdrawn? If not, what would be required to revive the employment contract? The court held that resignation takes…
Category: DID YOU KNOW
DYK – Section 26 Of The Protection of Personal Information Act Defines Special Personal Information?
The Protection of Personal Information Act (POPI Act) defines Special Personal Information in Section 26 as follows: “Special personal information” relates to religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information. Also included in this category is information about the alleged commission of any…
DYK – All Employers Need To Comply With Chapter 2 Of The Employment Equity Act?
Chapter 2 of the Employment Equity Act is applied to all employees and employers except for the National Defence force, National Intelligence Agency and South African Secret Service. There are four policies in Chapter 2 of the Employment Equity Act, and all companies must comply with them. These four are the Prohibition of unfair discrimination…
DYK – Parents, Commissioning Parents, And Adoptive Parents Enjoy The Right To Parental Leave?
As of 1 January 2020, the Basic Conditions of Employment Act 75 of 1997 (hereinafter the Act) was amended to include the employees’ right to parental leave after the birth or adoption of a child. The Act has broken this right down into three applicable sections: Parental Leave (irrespective of gender), Adoption Leave, and Commissioning…
DYK – A Supplier May Be Held Liable For Damages Caused By Products Supplied To A Consumer In Terms Of The Consumer Protection Act?
In terms of Section 61 of the Consumer Protection Act, a consumer may claim damages from any Supplier in the supply chain if a product supplied is unsafe, defective, or there is an inherent risk of possible damages in the product supplied that the consumer has not been made aware of. The time that such…
DYK – The Leather Industry Collective Agreements Have Been Extended To Non-Parties?
The Minister of Employment and Labour recently declared that the National Bargaining Council of the Leather Industry of South Africa’s Agency Shop Amending Collective Agreement, Provident Fund Amending Collective Agreement and the Footwear Section Technological Fund Amending Collective Agreement would not only apply to the employees’ and employers’ organizations that are signatories to the main…
DYK – Leave Applicable To An Employee, If The Employee Is A Party To A Surrogate Motherhood Agreement, Might Be More Than Meets The Eye?
An employee who is a commissioning parent in a surrogate motherhood agreement is entitled to commissioning parent leave of at least 10 (ten) consecutive weeks. However, should the surrogate motherhood agreement provide two commissioning parents, only one of the commissioning parents may apply for commissioning parental leave. The other commissioning parent may apply for at…
DYK – A Consumer Has The Right To Receive Good, Safe and Quality Goods.
A consumer may receive goods that are safe and of good quality. In determining what is defined as good quality, Section 55 of the Consumer Protection Act dictates that goods must be reasonably suitable for the purpose for which they are generally intended, in good working order and free of any defects. Goods also need…
DYK – It Is A Requirement To Submit A B-BBEE Certificate When Applying For A Liquor Licence?
The Department of Trade and Industry (DTI) requires an entity to be registered with the National Liquor Authority if they wish to trade as a manufacturer or distributor of liquor. The (DTI) requires that several documentation and requirements be submitted to proceed with an application to obtain a manufacturer or distribution license. An essential requirement…
DYK – An employee can be dismissed for abusing sick leave
Although this seems to be an apparent situation, at first glance, the matter had to be escalated to the Labour appeal court to be confirmed. In the case of Woolworths (Pty) Ltd v CCMA and others PA 12/2020 LAC, an employee claimed to be ill and attended a Rugby match. The CCMA found the dismissal…