DISHONESTY CAN DESTROY THE EMPLOYMENT RELATIONSHIP
Every employment relationship is based on trust – the employer trusts the employee to work in the best interests of the organisation, whilst the employee trusts the employer to pay him for the work done in terms of his employment contract. There is no place for dishonesty in this relationship. A number of very clear […]
Tread carefully with employee’s ideas
Tread carefully with another’s ideas Kenneth Nkosana Mkate is to receive billions from his ex-employer, Vodacom, following the “please call me” judgment that was handed down by the Constitutional Court on 26 April 2016. The court said that “the case concerns payment of compensation for the use of the applicant’s idea in developing a lucrative […]
UNFAIR DISCRIMINATION: LONG SERVICE IS NOT AN ARBITRARY GROUND
Since the amendments to the Employment Equity Act took effect on 1 August 2014, an increasing number of disputes have been referred to the CCMA. These disputes are often about money. THE FACTS In the 2016 matter of Pioneer Foods (Pty) Ltd v Workers Against Regression & others (2016) 37 ILJ 2872 (LC)(C 687-15) the […]
Newsflash: CCMA has jurisdiction to entertain commission payment disputes
Judgment: Zapop (Pty) Ltd v CCMA (CA21/2014) [2016] ZALAC 16 (12 May 2016) per Sutherland JA [Davis and Musi JJA concurring] The landmark judgment in Zapop has now confirmed that the CCMA has jurisdiction to entertain commission claims as part of remuneration, and as contemplated by section 74(2) of the BCEA. The LAC judgment means […]