Vundla and Another v Innscor and Another SC 14 – 22[1]

It is clear from these pleadings that the labour officer failed to conduct the conciliation in the manner stipulated in the Isoquant judgment, supra. A properly conducted conciliation does not require a statement of claim, response, reply and heads of argument. The labour officer does not make a determination in making his draft ruling. These...

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CFI Holdings v Peggy Rambanepasi and Others SC 17 – 22

Act 5 of 2015 removed the employer’s right to terminate a contract of employment on notice. It only prescribed that the right only exists when the employer terminates a contract through a code of conduct, mutual separation or when the employer is pursuing a retrenchment exercise. The same provisions were maintained in the Labour Amendment...

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ZESA Holdings (Private) Limited v Obson Matunja SC 73 – 22

The backbone of this case is the question of whether an employer can appeal against a decision of a disciplinary hearing. One viewpoint is that when an employer constitutes a disciplinary hearing, he appoints an agent to deal with the disciplinary issue on his or her behalf. This viewpoint suggests that the employer must abide...

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