The questions before the Labour Court in Mohlwaadibona v Moroka Municipality (J718/21) [2022] 2ALCJHB66 were threefold: What is the effect of resignation on the employment relationship?When does a resignation take effect?Can a resignation be unilaterally withdrawn? If not, what would be required to revive the employment contract? The court held that resignation takes effect the moment it is communicated to the employer and is incapable of being withdrawn unless the employer consents to it. The...

As of 1 January 2020, the Basic Conditions of Employment Act 75 of 1997 (hereinafter the Act) was amended to include the employees’ right to parental leave after the birth or adoption of a child. The Act has broken this right down into three applicable sections: Parental Leave (irrespective of gender), Adoption Leave, and Commissioning Parental Leave. Parental leave must begin after at least one month's written notice by the employee and on the day the child is born for ten consecutive days....

The Minister of Employment and Labour recently declared that the National Bargaining Council of the Leather Industry of South Africa’s Agency Shop Amending Collective Agreement, Provident Fund Amending Collective Agreement and the Footwear Section Technological Fund Amending Collective Agreement would not only apply to the employees’ and employers’ organizations that are signatories to the main agreement but that it would be extended to all non-signatory parties falling within the leather...

An employee who is a commissioning parent in a surrogate motherhood agreement is entitled to commissioning parent leave of at least 10 (ten) consecutive weeks. However, should the surrogate motherhood agreement provide two commissioning parents, only one of the commissioning parents may apply for commissioning parental leave. The other commissioning parent may apply for at least ten consecutive days of parental leave. An employee may commission parental leave on the date a child is born...

Although this seems to be an apparent situation, at first glance, the matter had to be escalated to the Labour appeal court to be confirmed. In the case of Woolworths (Pty) Ltd v CCMA and others PA 12/2020 LAC, an employee claimed to be ill and attended a Rugby match. The CCMA found the dismissal was unfair both procedurally and substantively, as he had not hidden the fact that he attended the match and he was, therefore, not dishonest. The Labour Court found the dismissal procedurally fair...