MARIUS SCHEEPERS LABOUR LAW ATTORNEY
LABOURATTORNEY

Labour Law cases decided in the South African Courts (Highlights and updated 1997 to 06 2025 [Copyright: Marius Scheepers/15.10.1]) desertion, dismissal (misconduct), incapacity, poor performance Desertion prolonged absence might serve as evidence of desertion Termination of employment only occurred when the employer subsequently accepted the repudiation of the employee JR783/07 Khulani Fidelity Services Group v CCMA & Others unlike ordinary absenteeism, desertion required an

Labour Law cases decided in the South African Courts (Highlights and updated 6 1997 to 6 2025 [Copyright: Marius Scheepers/15.9.1]) Collective Bargaining and Industrial Action (Strike , Lock-out, Essential Service): Collective bargaining Trade Union lost its majority membership In the absence of a collective agreement regulating consultation in the event of retrenchment, the Respondent was in my view obliged to consult with the applicant. D102/09 NUMSA v Aunde South Africa (P

Labour Law cases decided in the South African Courts (Highlights and updated 1997 to 6 2025 [Copyright: Marius Scheepers/15.8.1]) Urgent interdict, Urgent relief. Urgent Interdict sec 197 (i) the applicant had to show either a clear right or a prima facie right in the case of interim relief; (ii) a well-grounded apprehension of irreparable harm existed if the relief was not granted on an urgent bass; (iii) the balance of convenience favoured the granting of the relief on an u