http://www.workinsolutions.co.za/blog Tue, 10 Nov 2009 14:09:47 +0000 http://backend.userland.com/rss092 en The King Report on Governance for South Africa 2009 (King III), which was released on 1 September 2009, provides a list of best practice principles to assist and guide directors in Corporate Governance. King III applies to all corporate entities regardless of the manner incorporation, whether in the public, private sectors ... http://www.workinsolutions.co.za/blog/?p=47 Case Number: D 412/07 Judgment Date: 09 June 2009 Jurisdiction: Labour Court, Durban Judge: Van Niekerk J Subject: Review CCMA Arbitration Issue: Certificate of outcome did not constitute a jurisdictional ruling. Summary of Facts: The employee was employed by Kishara CC t/a Mugg and Bean Suncoast as a general manager and was also a member of the ... http://www.workinsolutions.co.za/blog/?p=43 Case No. JR 1456/06 Judgement Date: 05 December 2008 Jurisdiction: Labour Court, Johannesburg Judge: Ngalwana J Subject: Unfair Dismissal :Procedural fairness of dismissal: Jurisdiction Issue: Application to review and set aside decision of commissioner in arbitration. Commissioner had held dismissal of employee to be substantially and procedurally unfair. Facts: Employee’s employment was terminated for operational reasons ... http://www.workinsolutions.co.za/blog/?p=40 Case Number: J 2543 / 08 Judgment Date: 23 March 2009 Jurisdiction: Labour Court, Braamfontein Judge: Van Niekerk J Subject: Suspension without Pay Issue: Urgent application to declare employee’s continued unpaid suspension unfair and to order the Employer to pay his remuneration. Summary of Facts: The employee was a Technical Director at a salary of R40 ... http://www.workinsolutions.co.za/blog/?p=38 Issue: Unfair discrimination claim arising from sexual harassment or victimization of employee by employer.  Court must determine the liability of the employer arising from the conduct of its employee. In doing so the court had to determine whether the employer should have taken further steps to address the complaint of ... http://www.workinsolutions.co.za/blog/?p=36 The consequences for any employer guilty of racially discriminatory practices are severe. In a recent Labour Court case which is discussed in full below, an employer was held to have unfairly determined an employee's pay on the basis of race, and to have unfairly dismissed her for exercising her right ... http://www.workinsolutions.co.za/blog/?p=34 Mogothle v Premier of the Northwest Province; The member of the executive council for agriculture conservation and the environment   Case No. J 2622/08 Judgement Date: 05 January 2009 Jurisdiction: Labour Court, Johannesburg Judge: Van Niekerk, Judge Subject: Suspension without a hearing Issue: The Employee, who was a deputy director general of department of agriculture and development in NWP, brought an ... http://www.workinsolutions.co.za/blog/?p=31 It is that time of year again when holidays are over and the temptation not to go back to the grindstone looms for employees. This could pose problems for the employer who feels the absconding employee should be dismissed.Before dismissing, it is imperative for employers to take the necessary precautions ... http://www.workinsolutions.co.za/blog/?p=15 Ford Motor Company of SA (Pty) Ltd v NUMSA & others Labour Court: Johannesburg 16 October 2007 The employer, with production deadlines to meet, scheduled overtime for their employees. There was an issue regarding the working of overtime on a particular Saturday and the union informed management to cease the scheduling of ... http://www.workinsolutions.co.za/blog/?p=14 Tourism, Hospitality & Sports Education & Training Authority v TMS-Shezi Industrial Services Labour Court Johannesburg: 26 July 2007 The Tourism, Hospitality & Sports Education & Training Authority, a SETA, concluded an agreement in terms of which the defendant would provide training for learners under the Skills Development Act 97 of 1998 ("Skills ... http://www.workinsolutions.co.za/blog/?p=13