The processes related to workplace discipline often confound employees. Whether this is the result of lapping up Suits or Law & Order is an open question, but we frequently see employees misconceiving their rights and obligations when faced with allegations of wrongdoing in the workplace.
“Whenever any person (hereinafter called the insurer) is obliged to indemnify another person (hereinafter called the insured) in respect of any liability incurred by the insured towards a third party, the latter shall, on the sequestration of the estate of the insured, be entitled to recover from the insurer the amount of the insured’s liability towards the third party but not exceeding the maximum amount for which the insurer has bound himself to indemnify the insured” – s156 of the Insolvency Act, No 24 of 1936 as amended (Act).
In 1996, the legislature enacted the Land Reform (Labour Tenants) Act, No 3 of 1996 (Act). The objective of the Act was to protect all persons denied access to land as a result of past racially discriminative laws, and which persons had taken occupancy and enjoyed the use of land on farms upon which they were providing labour.
The Constitutional Court (in the matter of Association of Mineworkers and Construction Union (AMCU) and Others v the Chamber of Mines of South Africa and Others1) has recently handed down an important judgment related to employment law. The judgment is likely to be of particular interest to the mining sector and companies who have multiple operations.
With a greater understanding of the witness protection framework and the role of state cooperation, it is now possible to consider the possible ramifications to be addressed by the International Criminal Court (ICC or Court) – the Victims and Witnesses Section (VWS) in particular – in dealing with an African walkout.
In a recent arbitration award (the Award) in K Sefole & 102 Others v Bidvest TMS and Nampak Glass, the CCMA Senior Commissioner found that the relationship between Bidvest and Nampak did not amount to a temporary employment service (TES) for the purposes of s198A of the Labour Relations Act (LRA).