Papers by Reginald Matsheta
Obiter
NUMSA obo Motloba v Johnson Controls Automotive SA (Pty) Ltd (2017) 38 ILJ 1626 (LAC) (Motloba) r... more NUMSA obo Motloba v Johnson Controls Automotive SA (Pty) Ltd (2017) 38 ILJ 1626 (LAC) (Motloba) raises four discrete, yet interrelated issues that require close examination. The first relates to the constitutional and statutory protection accorded to trade union membership and activities. The second engages the exercise of organisational rights in the workplace. With the demise of the duty to bargain, created to breathe life into collective bargaining and provide the lifeblood to recognised trade unions in the workplace. The third brings to the surface the recurrent headache for management concerning the dual and contradictory role of the shop stewards on the shop floor. The point of immediate relevance is that, while conducting union activities, a shop steward in theory, at least, operates on equal footing with management. It merits emphasising that the theory becomes murky when the union official is also an employee. (Re Workers’ Compensation Board and Workers’ Compensation Board ...
Potchefstroom Electronic Law Journal
At a distance, the decision by the Labour Appeal Court in Msunduzi Municipality v Hoskins 2017 38... more At a distance, the decision by the Labour Appeal Court in Msunduzi Municipality v Hoskins 2017 38 ILJ 582 (LAC) appears to be a typical case of dismissal for gross insubordination. However, upon closer examination Msunduzi brings to the forefront the conflict of interest between a senior employee's responsibilities as a HR manager and his controversial role in representing fellow employees who faced disciplinary charges at the municipality. Compared to the senior managers in the antecedent cases of Keshwar v SANCA 1991 12 ILJ 816 (IC) and IMATU v Rustenburg TLC 1999 20 ILJ 377 (LC), in the case at hand the managerial employee was no longer a member of a trade union. The hybrid role performed by Hoskins created tensions within management ranks and turned into a migraine for the newly appointed acting municipal manager. To cut to the chase, as an HR manager Hoskins was figuratively and literally "the fly in the ointment". His "forward approach" as a "born-...
Potchefstroom Electronic Law Journal
At a distance, the decision by the Labour Appeal Court in Msunduzi Municipality v Hoskins 2017 38... more At a distance, the decision by the Labour Appeal Court in Msunduzi Municipality v Hoskins 2017 38 ILJ 582 (LAC) appears to be a typical case of dismissal for gross insubordination. However, upon closer examination Msunduzi brings to the forefront the conflict of interest between a senior employee's responsibilities as a HR manager and his controversial role in representing fellow employees who faced disciplinary charges at the municipality. Compared to the senior managers in the antecedent cases of Keshwar v SANCA 1991 12 ILJ 816 (IC) and IMATU v Rustenburg TLC 1999 20 ILJ 377 (LC), in the case at hand the managerial employee was no longer a member of a trade union. The hybrid role performed by Hoskins created tensions within management ranks and turned into a migraine for the newly appointed acting municipal manager. To cut to the chase, as an HR manager Hoskins was figuratively and literally "the fly in the ointment". His "forward approach" as a "born-...
Obiter
NUMSA obo Motloba v Johnson Controls Automotive SA (Pty) Ltd (2017) 38 ILJ 1626 (LAC) (Motloba) r... more NUMSA obo Motloba v Johnson Controls Automotive SA (Pty) Ltd (2017) 38 ILJ 1626 (LAC) (Motloba) raises four discrete, yet interrelated issues that require close examination. The first relates to the constitutional and statutory protection accorded to trade union membership and activities. The second engages the exercise of organisational rights in the workplace. With the demise of the duty to bargain, created to breathe life into collective bargaining and provide the lifeblood to recognised trade unions in the workplace. The third brings to the surface the recurrent headache for management concerning the dual and contradictory role of the shop stewards on the shop floor. The point of immediate relevance is that, while conducting union activities, a shop steward in theory, at least, operates on equal footing with management. It merits emphasising that the theory becomes murky when the union official is also an employee. (Re Workers’ Compensation Board and Workers’ Compensation Board ...
Journal of Educational and Social Research
The Constitution of the Republic of South Africa pledges in its preamble that “every citizen must... more The Constitution of the Republic of South Africa pledges in its preamble that “every citizen must equally be protected by the law, and further foster the quality of life of all citizens”. Thus, as a way of fostering the quality of life of all citizens, the Constitution in the Bill of Rights embodies a concoction of rights that enable citizens to exercise in nurturing their livelihood. In the midst of these rights, section 29 affords everyone the right to basic education. Against this backdrop, South Africa has failed for some time to resolve the electricity crisis infamously dubbed “load shedding”. Consequently, the load-shedding crisis confronting the country adversely impacts, and to some extent violates the Constitution in particular, section 29. In the same breath, media reports further ignite the reality that some learners during the examination period could not access, write or even attend to other educational activities due to load shedding. Therefore, the electricity crisis ...
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Papers by Reginald Matsheta