Soraia Machado

Sep 12, 2024 | labourguide.co.za | Ayanda Nkabinde |Soraia Machado

‘What to pay and what not to pay?’ That is the question. The Labour Court finds that an arbitrator committed an error of law in an award for compensationIn Jewellery Council of South Africa v Maharaj and Others, the Jewellery Council of South Africa (Company) sought to review the arbitration award issued by an arbitrator of the Commission for Conciliation, Mediation and Arbitration (CCMA) which held that an erstwhile employee’s dismissal by the Company was substantively unfair.

Aug 14, 2024 | bizcommunity.com | Tania Broughton |Ayanda Nkabinde |Soraia Machado |Lesley Mokgoro

Advertise your job vacancies 2 days7 days30 daysBy Industry Show more CCMA finds dismissal of cancer survivor lawful. The CCMA has dismissed a claim for unfair dismissal by a former Dis-Chem employee with cancer. Archive photo: Ashraf Hendricks/GroundUpWhat is the responsibility of a company to employees who become too ill to do their work? A recent CCMA ruling sheds some light on this. Refilwe Matinketsa worked for Dis-Chem from March 2019 as a picker at its distribution centre.

Jul 3, 2024 | bowmanslaw.com | Amandla Makhongwana |Keshni Naicker |Chloë Loubser |Soraia Machado

Processing of personal data in the education, health, financial and communication sectors has long been predisposed to dangers and risks associated with unauthorised use and breaches. These sectors process high volumes of personal and sensitive personal data by virtue of the nature of their operations.

Jun 28, 2024 | bowmanslaw.com | Chloë Loubser |Soraia Machado |Ayanda Nkabinde |Mili Soni

On 21 June 2024, the Constitutional Court issued a judgment in the matter between AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Ltd) v National Union of Metalworkers South Africa and Others, wherein it considered sections 161 and 200 of the Labour Relations Act, 1995 (LRA), as relating to a trade union’s right to represent employees and its legal standing.

Jun 28, 2024 | bowmanslaw.com | Amandla Makhongwana |Keshni Naicker |Soraia Machado |Ayanda Nkabinde

A recent decision by the Labour Appeal Court (LAC) warns employers that they may not dismiss an employee for misconduct based on their suspicions that the medical doctor who issued the employee with a medical certificate is contravening standard operating procedure. The LAC held that in the absence of proof that the employee was not sick or tampered with the medical certificate, the suspicions of the employer were irrelevant to proving the employee’s misconduct.