Employment & Pension Law Department - Job specs not black & white

The Labour Court held in a recent judgment Van Dyk v Kouga Municipality that it may be sufficient for the job applicant to have the capacity to achieve the qualification listed in the job advert. Mr Van Dyk, a white male, alleged he was unfairly discriminated against on the basis of sex or race when the Municipality failed to appoint him to the post of platoon officer in the Fire Department.


28 Sep 2012

Employment & Pension Law Department - Material non-disclosure found to be dishonest

The case of Herholdt v Nedbank Ltd involved a financial broker who failed to disclose to his employer, Nedbank, that a client had nominated him as a beneficiary in his will. This was in contravention of Nedbank's Conflict of Interest and Ethics policy. Herholdt avoided a number of opportunities to disclose the bequest to his employer, which lead to a finding of dishonesty and he was dismissed from the Bank after 14 years' service.


28 Sep 2012