SILCS Sibergramme Issue 15 of 2017

Download issue:  SILCS 15 of 2017

We have pleasure in attaching the 15th SILCS for 2017, in which Owen Barrow summarises the following cases:

PHARMACO DISTRIBUTORS (PTY) LTD V WEIDEMAN
LAC (JA104/2015) [2017] ZALCJHB 258 4 July 2017 24 pages
Kathree-Setiloane AJA
SILCS 15/2017
Employment — Employees — Right to privacy — Medical testing — Clause in employment contract of pharmaceutical sales representative providing consent in advance for medical testing — Such clause offensive and invasive of privacy rights and in conflict with s 7(1)(b) of EEA.
Dismissal — Automatically unfair dismissal on grounds of discrimination — Employee suffering from mental disability — Damages — Overlapping of claims for injuria and compensation.
Dismissal — Automatically unfair dismissal on grounds of discrimination — Compensation — Computation of — Section 193(4) of LRA not obliging court to determine compensation based on employee’s remuneration but merely using remuneration as a means of capping amount of award at 24 months’ remuneration.
NUMSA V ASSIGN SERVICES AND OTHERS
LAC (JA96/15) [2017] ZALAC 45 10 July 2017 22 pages
Tlaletsi DJP
SILCS 15/2017
Employment — Temporary employment — Employee who is not one of excluded categories working for client for more than three months — Who is employer for purposes of s 198A(3)(b)(i) of LRA — That client the sole employer consistent with protections for lower paid workers.
TVET SA (PTY) LTD V SWANEPOEL AND OTHERS
LC (C882/2015) [2017] ZALCCT 21 23 May 2017 24 pages
Tlhothalemaje J
SILCS 15/2017
Dismissal — For incapacity — Employee suffering from temporary disability — Employee suffering from post-traumatic stress disorder incurred after having been hijacked whilst on employer’s business — Factors in item 10(4) of Code of Good Practice applicable — Incapacity dismissal could only be an option once all other avenues had been explored — Employee’s dismissal procedurally and substantively unfair.
ST MICHAELS SPAR AND OTHERS V SACCAWU OBO NYAPHOLI
LC  (J653/15) [2017] ZALCJHB 263 6 July 2017 11 pages
Mabaso AJ
SILCS 15/2017
Rescission — Of order of Labour Court — Time within which application to be brought — No timeframe specified but had to be within a reasonable time — In comparison with timeframes for similar steps, period of four months too long.
NYAMBI AND OTHERS V HC SHAIK INVESTMENT CC AND ANOTHER
LC (J1471/17) [2017] ZALCJHB 260 5 July 2017 8 pages
Lagrange J
SILCS 15/2017
Interdict — Application for — Application to prevent unilateral alteration of terms and conditions of employment pending outcome of dispute over employment status, ie who was applicants’ employer, the company that employed them or the company where they were placed — Applicants had an alternative remedy at their disposal, namely a primary strike against their employer and then there are giving the second respondent seven days’ notice of a secondary strike.

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