SILCS Issue 2 of 2017

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) [2017] ZALAC 7    10 January 2017    22 pages
Coppin JA
SILCS 02/2017

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) [2017] ZALAC 6    10 January 2017    14 pages
Landman JA
SILCS 02/2017

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) [2017] ZALAC 11    25 January 2017        29 pages
Coppin JA
SILCS 02/2017

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) [2017] ZALCD 2    25 January 2017    24 pages
Tlaletsi DJP
SILCS 02/2017

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) [2017] ZALAC 10    25 January 2017    13 pages
Tlaletsi DJP
SILCS 02/2017

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.

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