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Kylie challenged the CCMA's decision in the Labour Court of South Africa, where she was represented by Wim Trengove. [1] On 31 July 2008 in Cape Town, Acting Judge Halton Cheadle dismissed her suit. Cheadle held that the Labour Relations Act cannot be read to grant sex workers an enforceable statutory right to a fair dismissal. [3]
The employee who resigns due to sexual harassment may argue that this was a constructive dismissal, which would provide grounds for finding an automatically unfair dismissal. A victim of harassment may institute a civil claim, based on delict, against the perpetrator; she may also institute a claim against the employer, based on the common-law ...
The Labour Court has exclusive jurisdiction over cases arising from the Labour Relations Act, 1995, which deals with collective bargaining, trade unions, strikes and lockouts, unfair dismissal and unfair labour practices; the Basic Conditions of Employment Act, 1997, which deals with working hours, leave and remuneration; the Employment Equity ...
At the time of his dismissal he was also the chairperson of the Airlines Pilots Association (a trade union). He contended that his dismissal was in fact automatically unfair in terms of section 187(1)(d) of the Labour Relations Act , because he had been dismissed for union activities and for initiating litigation against the company on behalf ...
Analogous to reinstatement, an established remedy in labour law for unfair dismissal, Ngcobo prescribed instatement as a means of establishing redress and restoring the status quo ante in situations of wrongfully denied employment. Other courts, including the Labour Court, subsequently applied instatement as a remedy for unfair labour practices ...
In Food and Allied Workers Union and Another v The Cold Chain, an important case in South African labour law, the Labour Court held that there was nothing absurd in permitting a senior managerial employee to participate in the activities of a trade union, provided that the employee complies with his contractual obligations. In this case, the ...
Asked about Bullard in a press conference subsequently, arts and culture minister Pallo Jordan said his writing amounted to defecating on Africans and that "Bullard is the sort of person South Africa does not need within its borders." [14] In 2014 Bullard's case for unfair dismissal against Avusa entered its sixth year. [15]
Act to give effect to section 9 read with item 23 (1) of Schedule 6 to the Constitution of the Republic of South Africa, 1996, so as to prevent and prohibit unfair discrimination and harassment; to promote equality and eliminate unfair discrimination; to prevent and prohibit hate speech; and to provide for matters connected therewith.