Download issue: SILCS 2 of 2017
We have pleasure in attaching the 2nd SILCS for 2017, in which Owen Barrow summarises the following cases:
LABOURNET (PTY) LTD V JANKIELSOHN
LAC (JA48/2016)  ZALAC 7 10 January 2017 22 pages
Restraint of trade — Protectable interest — What constitutes — Employer’s confidential information and trade or customer connections — Relatively low level employee — Employer’s assertions of substantial training and specialist nature of employee’s position overstated — Mere fact of training employee not giving employer proprietary hold on employee.
DAMELIN (PTY) LTD V SOLIDARITY OBO PARKINSON
LAC (JA48/15)  ZALAC 6 10 January 2017 14 pages
Dismissal — For poor work performance — When permissible — Imposition of sales target — Reasonableness of sales target subject to some doubt — Insufficient time given to employee to turn situation around — Dismissal unfair and employee reinstated.
MINISTER OF LABOUR AND ANOTHER V PUBLIC SERVANTS ASSOCIATION AND ANOTHER
LAC (JA103/2015)  ZALAC 11 25 January 2017 29 pages
Administrative law — Administrative action — What constitutes — Application of PAJA — Revocation by Minister of designation as Registrar of Labour Relations — Although Registrar who sought the setting aside of the revocation was a public official employed by the Department, revocation was administrative action within the meaning of s 33 of the Constitution.
Registrar of Labour Relations — Powers and duties of — No requirement on Registrar to account to Minister in respect of his or her functions.
ENFORCE SECURITY GROUP V FIKILE AND OTHERS
LAC (DA24/15)  ZALCD 2 25 January 2017 24 pages
Employment — Employment contract — Termination of — Fixed term contract terminating when employer’s service contract with client terminated — Not all such contracts invalid — Necessary to determine whether the clause was intended to circumvent fair dismissal obligations imposed on employer by LRA or Constitution.
SAMUELS V OLD MUTUAL BANK
LAC (DA30/15)  ZALAC 10 25 January 2017 13 pages
Review — Prosecution of — Archiving of file where all necessary papers in application not filed within 12 months — Application for removal of file from archive — Record provided piecemeal by CCMA over period of a number of years — Applicant not to blame for situation and entitled to have her review heard — Removal of file from archive ordered.