John Grogan’s latest analysis of labour law cases available in 22nd issue of the Labour Law Sibergramme

In the 22nd issue of the 2014 Labour Law Sibergramme John Grogan deals with the following cases:

ABSA Bank Limited v Naidu & others
(DA14/12) [2014] ZALAC 60 (24 October 2014), unreported (Waglay JP, Ndlovu AJ & Coppin AJA)

Ms Naidu, an executive investment broker of ABSA Bank, incurred the displeasure of a client by giving him a dud investment tip. In fact, her advice was so bad that the bank ultimately agreed to reimburse the client for his loss.

Arends and others v South African Local Government Bargaining Council and others 
(PA6/13) [2014] ZALAC 69 (6 November 2014), unreported (Waglay JP, Dlodlo AJA & Murphy AJA) (SILCS 2014:36)

Mr Arends and several fellow senior employees of the Nelson Mandela Bay Metropolitan Municipality took the strongest exception when the municipality announced that they were on grades higher than they should have been, and proposed to cut their salaries and recover past overpayments from them.

Ekurhuleni Metropolitan Municipality v SA Municipal Workers Union 
(JA12/13) [2014] ZALAC 61 (23 October 2014), unreported (Waglay JP, Tlaletsi DJP & Coppin AJA) (SILCS 2014:35)

This case concerned the interesting question whether employers can apply the “no work, no pay” rule to fulltime shop stewards of a union whose members are engaged in a strike.

Kukard v GKD Delkor (Pty) Ltd 
(JA52/2013) [2014] ZALAC 52 (7 October 2014), unreported (Musi JA, Murphy AJA & Kathree-Setiloane AJA) (SILCS 2014:31)

Mr Kukard was employed by GKD Delkor as a technical sales representative, subject to a restraint of trade agreement that precluded him from dealing in any way with direct competitors of the company if he resigned.

Kukard did resign, and immediately joined one of his former employer’s competitors. ​GKD Delkor threatened to enforce the restraint but, after some negotiations, the company agreed to re-employ Kukard. ​

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