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    LATEST NEWS
COVID-19 – IS THIS THE CASE OF FORCE MAJEURE?

The World Health Organisation declared COVID-19 as a pandemic on 11 March 2020. A pandemic is a disease that has spread in multiple countries around the world at the same time. Since its outbreak, COVID-19 has spread in most countries including South Africa, thereby forcing governments to put stringent measures in place to curb the spread of the virus.

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IS A TRADE UNION ALLOWED TO ACT IN BREACH OF ITS OWN CONSTITUTION?

The simple answer is: no, it is not. This issue was recently decided by the Constitutional Court in NUMSA.

The facts were the following. NUMSA had adopted a constitution that, inter alia, set out its scope of membership. Initially, the scope of membership was largely made up of the metal and related industries.

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RE-DEPLOYMENT IN TERMS OF A FIXED TERM CONTRACT

The simple answer is: no, it is not. This issue was recently decided by the Constitutional Court in NUMSA.

The Labour Court in the attached judgment, essentially confirmed that the duration of the employment was a term of employment and the re-deployment was within that term.

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