Misconduct in a previous period of employment: Kleinsmith v Commission for ConCiliation mediation and arbitration and others

by | Sep 30, 2026 | ILJ, ILJ V47 I4

Misconduct in a previous period of employment: Kleinsmith v Commission for ConCiliation mediation and arbitration and others

Author Alan Rycroft

ISSN: 2413-9874
Affiliations: Emeritus Professor, Faculty of Law, University of Cape Town
Source: Industrial Law Journal, Volume 47 Issue 4, 2026, p. 2274 – 2280
https://doi.org/10.47348/ILJ/v47/i4a4

Abstract

Kleinsmith v CCMA & others concerns an employer’s right to discipline an employee for misconduct which occurred in an earlier period of employment with the same employer. Factors impacting on fairness are considered, as well as statutory examples of the continuity principle.

Compensation, a Solatium and Labour Injustice: Reassessing total sa (Pty) ltd v meyer & others (2021) 42 ilJ 1696 (LAC) and the Meaning of ‘Just and Equitable’ Compensation

by | Sep 30, 2026 | ILJ, ILJ V47 I4

Compensation, a Solatium and Labour Injustice: Reassessing Total SA (Pty) Ltd v Meyer & others (2021) 42 ILJ 1696 (LAC) and the Meaning of ‘Just and Equitable’ Compensation

Author Alex Nair

ISSN: 2413-9874
Affiliations: Senior lecturer, North-West University; LLB, LLM (University of the Witwatersrand)
Source: Industrial Law Journal, Volume 47 Issue 4, 2026, p. 2280 – 2295
https://doi.org/10.47348/ILJ/v47/i4a5

Abstract

The Labour Relations Act 66 of 1995 (LRA) empowers courts and commissioners to award compensation for unfair dismissal and unfair labour practices that is ‘just and equitable’. However, uncertainty remains regarding its nature, purpose and quantification. This note examines competing interpretations focusing on the distinction between the loss-based and sui generis approaches to compensation. The article argues that in Total SA (Pty) Ltd v Meyer & others, the Labour Appeal Court adopted an unduly narrow approach by reducing compensation because the employee received severance above the statutory minimum, thereby overlooking non-patrimonial harm and inadequately addressing labour injustice.

A Silver Lining for Non-Parties to Collective agreements: Section 24 Dispute Resolution in South African Labour Law

by | Sep 30, 2026 | ILJ, ILJ V47 I4

A Silver Lining for Non-Parties to Collective agreements: Section 24 Dispute Resolution in South African Labour Law

Author S’celo Walter Sibiya

ISSN: 2413-9874
Affiliations: Senior Lecturer, Department of Mercantile Law, University of South Africa
Source: Industrial Law Journal, Volume 47 Issue 4, 2026, p. 2296 – 2310
https://doi.org/10.47348/ILJ/v47/i4a6

Abstract

Section 23 of the Labour Relations Act requires collective agreements drawn up by employer and employee parties to provide for procedures for the resolution of disputes between parties arising from the application or interpretation of such agreements. Parties should attempt to resolve a dispute through conciliation and, if the dispute remains unresolved, through arbitration. If there is no prescribed procedure or it is not operative or has been frustrated, ‘any party’ to the dispute may refer the dispute in writing to the Commission for Conciliation, Mediation and Arbitration (CCMA). Contestation has arisen between conflicting judgments on the issue of the locus standi of the party who may refer a dispute over the interpretation or application of a collective agreement to the relevant bargaining council or the CCMA. The note supports the recent judicial interpretations that the term ‘any party’ in s 24 of the LRA, denoting who may refer such a dispute, includes non-parties even though they may not have been party to the conclusion of the agreement.

Reassessing police recruitment criteria in South Africa amid graduate unemployment: A case for prioritising policing-related qualifications

by | Sep 29, 2026 | SACJ, SACJ V39 I1 2026

ARTICLE

Reassessing police recruitment criteria in South Africa amid graduate unemployment: A case for prioritising policing-related qualifications

Author: Radiakga Thabang Molokomme

ISSN: 1996-2118
Affiliations:Dip (Policing) Adv Dip (Policing) Adv Dip (Mediation) PG Dip (Higher Education) PG Dip (Management) (VUT) MPol (TUT) Med (Higher Education) (VUT); Lecturer, Legal Science Department, VUT.
Source: South African Journal of Criminal Justice, Volume 39 Issue 1, p. 1-25
https://doi.org/10.47348/SACJ/v39/i1a1

Abstract

When a police badge becomes a lifeline rather than a calling, the very essence of law enforcement is at risk. Amid one of the world’s highest youth unemployment rates, the SAPS is seeing an influx of graduates from unrelated disciplines seeking refuge from joblessness. This desk-based study explores how the SAPS’s recruitment model, particularly through its new e-recruitment platform, has inadvertently positioned the institution as a shelter for structurally unemployed youth, rather than a specialised law enforcement agency. Despite global moves towards professionalised, qualification-based policing, the SAPS continues to admit candidates with no relevant academic background. Drawing on Human Capital, Person–Job Fit, Professionalisation, and Job Queueing theories, the study finds critical qualification mismatches, operational inefficiencies, and threats to institutional integrity. The researcher recommends prioritising policing-related graduates (80%) and limiting unrelated recruits to support roles (20%). The findings have implications for workforce professionalisation, recruitment policy, and institutional credibility. The study contributes a theoretical lens and policy direction for reforming police recruitment in transitional democracies.