LIST OF RECENT MATTERS HANDLED BY THE FIRM
  1. BEMAWU VS SABC: J2239/15
    • This was an urgent application brought by BEMAWU to interdict the SABC from proceeding with disciplinary hearings against employees who had been involved in defrauding the SABC Medical Aid Scheme. The SABC had opted for informal enquiries where Tokiso appointed chairperson would decide the allegations of misconduct against each of the 140 employees involved on written submissions only, without convening a formal hearing. We successfully opposed the application, which Mr Maserumule argued, resulting in the application being dismissed.
  2. SABC VS NCALA: JA41/13
    • This was an appeal by the SABC against a judgment of the Labour Court which had upheld an arbitration award reinstating Mr Ncala after he was dismissed for misconduct. Mr Maserumule argued the appeal on behalf of the SABC and the Labour Court judgment was overturned, and Mr Ncala was ordered to pay the costs in the LAC and Labour Court.
  3. MZIMKULU AMOS KETSE V TELKOM SA SOC LTD: P400/14
    • This was an urgent application brought by Ketse to interdict Telkom from retrenching him on the basis that Telkom had not consulted with him and that Telkom had also not referred a dispute to the CCMA as the retrenchment exercise was covered by 189A of the LRA. Mr Maserumule argued the application and the Labour Court dismissed the application.
  4. SATAWU & PUTCO VS MEC FOR ECONOMIC DEVELOPMENT & OTHERS: J1142/15
    • This was an urgent application by SATAWU and PUTCO in the Labour Court in terms of which they sought a declaratory order that the awarding of a contract to Autopax SOC Ltd constituted a transfer of a business as a going concern, thus compelling Autopax to take over all former PUTCO employees. Mr Maserumule argued the application on behalf of the MEC and Autopax and the application was dismissed.
  5. NTM OBO TAU & 688 OTHERS VS PRASA:JS610/13
    • This was a referral to the Labour Court challenging the dismissal of 689 employees following a strike in January 2013, during which trains and property were damaged. Mr Maserumule appeared in person in the Labour Court and in an 89 page judgment, the Labour Court upheld the dismissals as being substantively and procedurally fair. NTM has been granted leave to appeal to the LAC.
  6. TELKOM SA SOC LTD
    • During 2014 and again in 2016, Mr Maserumule was the sole advisor to Telkom during its restructuring programme, which has resulted in its workforce being reduced from 20 000 employees to 13 000 employees.
  7. TRANSNET FREIGHT RAIL VS BHEKA XABA: T.66(AFSA)
    • This was a pre-dismissal arbitration hearing conducted under the auspices of AFSA. Mr Xaba faced 14 charges of misconduct and Mr Maserumule represented Transnet Freight rail. Mr Xaba was found guilty and was dismissed.
  8. GAUTENG GAMBLING BOARD VS MAKHARI-GAJB14174-15
    • This was a disciplinary hearing where Ms Makhari, the CFO of GGB, faced charges of misconduct. Mr Maserumule represented the GGB and Ms Makhari was found guilty and was dismissed. She referred a dispute to the CCMA and her dismissal was found to have been fair.
  9. MALEKGOLANE MALAPANE VS THE DEPARTMENT OF SCIENCE AND TECHNOLO9GY: GPBC274/2014
    • This was an arbitration where Ms Malapne challenged her dismissal for incompatibility as being unfair. Mr Maserumule represented the Department at the arbitration hearing and the claim for alleged unfair dismissal was dismissed.
  10. PWU OBO MEMEBRS VS NUCLEAR CORPORATION OF SOUTH AFRICA: GATW 2534/15
    • This was an arbitration where the Union brought an alleged unfair labour practice dispute on behalf of its memebrs, seeking an award that they should be awarded a 6% salary increase. Mr Maserumule represented NECSA and the claim was dismissed.
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