BCHC: Can jurisdictional arguments be raised after a certificate of outcome has been issued?
Written by Jeannette Vlok and edited by Bradley Conradie Parties often only realise that there are jurisdictional issues that they could raise before the date of the arbitration. The question then arises as to whether a party can or should…
BCHC: Can employees be expected to disclose misconduct to their employer?
Written by Danny Hodgson and edited by Prof Darcy Du Toit “Derivative misconduct” happens where an employee knew or must have known about misconduct by another employee but decided, without justification, not to disclose it to the employer. According to…
BCHC: Can a volunteer be seen as an employee?
By Venolan Naidoo, edited by Bradley Conradie Section 3(1)(b) of the Basic Conditions of Employment Act, 75 of 1997 (BCEA) specifically excludes “unpaid volunteers working for an organisation serving a charitable purpose” from the application of the BCEA. Section 3…
BCHC: The date of dismissal in a reasonable expectation of renewal dispute?
Introduction It is easy to assume that the date of dismissal in a reasonable expectation of renewal dispute would be when an employee’s fixed term contract expires. This date becomes important to determine when an employee has to refer an…
BCHC: A thank you to Judge Steenkamp
It is with great sadness and shock that we mourn the death of our dear friend and colleague Judge Anton Steenkamp. Anton, a man of strength, resilience and integrity was also a kind hearted and compassionate soul. There can be…
BCHC: Must employers hold a hearing before placing an employee on precautionary suspension?
Case review: Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7 On 19 February 2019 the Constitutional Court handed down judgement in the case of Long v South African Breweries (Pty) Ltd and Others in which the…
BCHC: What you need to know about the recent amendments to the CCMA rules
In this newsletter we look at the recent amendments to the CCMA Rules which came into effect on 1 January 2019. The need to amend the rules flows from practical issues that have been experienced by the CCMA and…
BCHC: “A right to right a wrong?”
by Venolan Naidoo Senior Associate at BCHC and edited by Prof Darcy du Toit Should an employer be liable to compensate an employee after it has attempted to remedy a wrong that was due to a mistake on the employer’s…
Strikes – it’s not just about the numbers
The month long national bus strike has ended with workers securing a 9 percent increase for this year and 8 percent for next year. What emerges from this strike is that
BCHC: Can an employee hold a reasonable expectation of renewal and permanency at the same time?
An employee can refer an unfair dismissal dispute to the CCMA or bargaining council in terms of section 186(1)(b) of the Labour Relations Act, 66 of 1995 (LRA) if the employee was employed on a fixed term contract and reasonably…