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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 ...
Alternatively, even if sex workers do have section 23 rights, the Labour Relations Act – in denying protection against unfair dismissal to sex workers – imposes a justifiable limitation on those rights, because the limitation "gives effect" to the rule-of-law principle that courts should not sanction illegal activity.
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 ...
The fundamental difference between an operational requirement dismissal and an automatically unfair dismissal is the employer's reason for the dismissal. If an employer dismisses employees because the terms and conditions of employment must be altered for the business to continue being viable, the employees may be fairly dismissed, as they no ...
The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995 , and has a status similar to that of a division of the High Court .
Laugh It Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International and Another is a landmark decision of the Constitutional Court of South Africa on the intersection between freedom of expression and trademark law. The case concerned the proper interpretation of anti-trademark dilution provisions of the ...
Harksen v Lane NO and Others is an important decision of the Constitutional Court of South Africa, delivered on 7 October 1997.The court dismissed a challenge to the constitutionality of the Insolvency Act, 1936, finding that it was consistent with the right to property and right to equality for the property of a solvent spouse to be attached to the insolvent estate of his or her partner.
Hoffmann nonetheless sued in the High Court of South Africa, alleging that SAA's refusal to employ him constituted unfair discrimination in violation of his constitutional rights. The Witwatersrand Local Division denied his application, finding that SAA's practice was "based on considerations of medical, safety and operational grounds" and ...