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December 2015

/December 2015

December 2015

When asked to determine whether an employment relationship existed between a priest and a church, the court found that the onus rested on the priest to prove that there was an employment relationship and further that those employment presumptions which are contained in the Labour Relations Act were not applicable where no contractual relationship existed between the parties.
Intoxication on duty
Where an employee disputed that he had been intoxicated on duty and that further, he had signed a letter of resignation while not in his sound and sober state, the court found that the employee was not legally competent to have signed the letter of resignation and so disregarded the letter of resignation.

In one of the first of what will probably be many such cases, the courts have been asked to interpret the new deeming provisions in the Labour Relations Act regulating labour brokers. The court found that the employee was “placed dually” with the employer and with the temporary employment service. In other words, the amendment to the Labour Relations Act does not supersede the contract between the temporary employment service and the employee nor do the new provisions relieve the temporary employment service / labour broker of its statutory obligations.

The Labour Court will dismiss an application for review of an arbitration award if it believes that there was an excessive delay in pursuing same by the applicant but will do so only once the aggrieved party. (Respondent in the application) has taken all available steps to bring the matter to finality.

2018-10-28T14:40:01+02:00March 13th, 2018|