NEWSLETTER – November Week 1



Failure to re-employ an employee is when an ex-employee has a reasonable expectation of being re-employed … which expectation comes to naught. In this case, the expectation is created by a pre-existing agreement and failure to give effect to the agreement is deemed to be akin to unfair dismissal.

Section 186(1)(d) of the Labour Relations Act (the “Act”) deals with selective re-employment, where “an employer [who] dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another”. Such an agreement is usually made in the wake of a mass retrenchment, where retrenched employees are promised the chance at re-employment should suitable vacancies arise in future. But the section does not require a collective agreement and any valid agreement, including a mutual separation agreement, voluntary termination agreement, or medical lay-off agreement will do equally well.

Employees alleging a failure to re-employ in terms of an agreement must prove the existence of the agreement which imposes the obligation to re-employ upon the employer. A mere ‘intimation’ of re-employment is not sufficient.

For the purpose of such an agreement, what would constitute a “suitable” vacancy? It is commonly accepted that the employee alleging a failure to re-employ must also prove that they are qualified for the vacant position in question. In the case of Bosal (Afrika) (Pty) Ltd vs NUMSA obo Botha [2000] 3 BALR 325 (IMSSA) the dismissed employee could not prove that he had the necessary skills for the position and the court held that the externally sourced job applicant had been fairly appointed.

If an employer appoints a new employee to perform a retrenched employee’s work in breach of a rehiring agreement, that is held to be an unfair labour practice (OCGAWU obo Mapolie v Metlite Alloys (2002) 10 BALR 1058 (CCMA)). The hiring of a contractor to perform a retrenched employee’s work was held to constitute an unfair dismissal (NUMSA obo Dayimani and Wire Products Stainless Steel (2004) 25 ILJ2116 (BCA)).

The LRA does not require that employees be rehired on the exact same terms and conditions of employment as were previously in force but if the vacancy can be regarded as being substantially similar, it would be safest to allow the ex-employee the right of first refusal before the position is advertised.



11 October 2017



Grain SA has a plan to keep SA food secure despite the loss of arable land …

  • Why is maize so important to the SA economy and is climate change impacting it?
  • How does poor implementation of land reform affect our food security?
  • Where are we with transformation of farmers?
  • What can SA do to secure our food production despite losing our best soils to mining and other causes?

Wednesday, 18 October 2017

11h00 – 11h30 Registration (sandwiches, tea & coffee will be available)
11h30 – 13h30 Presentation & discussion

Free Market Foundation, Block 5 Bryanston Gate, 170 Curzon Road, Bryanston
(opposite Sandton Medi-Clinic)

Entrance free.

RSVP by clicking on

Guests welcome – NB please register each attendee separately

(If you have already responded or cannot join us, no need to RSVP)

You will be able to watch this event LIVE via the FMF’s Facebook page by clicking this link:

Grain SA, a voluntary non-profit organisation for grain farmers in SA that assists all farmers (commercial and subsistence) to be sustainable in their operations, runs a farmer development programme that for more than 10 years has achieved fantastic results in uplifting rural communities and improved not only national food security in SA, but also house hold food security.

Jannie de Villiers was born in the Free State in 1961. He obtained a B.Com at the University of the Free State and a B.Com Hons in economy at the University of Pretoria. He started his career as an economist at the Department of Agriculture. After 24 years in the grain/food processing sector, in 2011, he joined Grain SA (grain producers’ organisation) as the CEO. He plays a strong leadership role in the grain sector through the positions that he holds on the Boards of various Trusts and industry serving companies. He has represented South Africa internationally on various occasions regarding grain and food matters.


Note to the editor

The FMF is an independent, non-profit, public benefit organisation, created in 1975 by pro-free market business and civil society national bodies to work for a non-racial, free and prosperous South Africa. As a policy organisation it promotes sound economic policies and the principles of good law. As a think tank it seeks and puts forward solutions to some of the country’s most pressing problems: unemployment, poverty, growth, education, health care, electricity supply, and more. The FMF was instrumental in the post-apartheid negotiations and directly influenced the Constitutional Commission to include the property rights clause: a critical cornerstone of economic freedom.

The FMF has a wealth of information in papers, articles and opinion pieces available on the website which can influence the public debate and present alternative policies to the people of South Africa. Please look at our website . | Twitter – @fmfsouthafrica

Media Enquiries
Jayne Boccaleone
082 904 3616

Other Enquiries
Joan Evans
011 884 0270

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The 12th Annual Rosetta Awards was held at the Radisson Blu Gautrain Hotel in Sandton

The 12th Annual Rosetta Awards was held at the Radisson Blu Gautrain Hotel in Sandton




The 12th Annual Rosetta Awards was held at the Radisson Blu Gautrain Hotel in Sandton last night.

CEO, Wendy Alberts hosted a spectacular affair with Coca Cola as the headline sponsor for the Restaurant Industry, gathering them all together to find out who had managed to snatch the top awards of the evening.

There are a number of categories for the very competitive restauranteurs and other allied industries who support them, and each year they vie for the honour of belonging at the top of their particular RASA award category.

Industry personalities in the room were The Giggling Gourmet, Jenny Morris was the MC who moved the evening smoothly through the program,  there was also an address by Ms. Alberts and the team member who put the event together Aysha Raad.

As the evening drew to a close, it was clear that the winners were over the moon, while there were a number of competitors who left determined to do it in 2018.

The winners were – Best in category:

Coffee Shop: Whippet Coffee

Take away outlet: Nutrifit Café

Eatery / Bistro Restaurant: Casa Bela

Casual Dining: Cowfish

Café / Bistro: Pablo Eggs-Go-Bar

Asian: Orient

African: Sakhumzi

Experiential Restaurant: Bientang’s Cave

Relaxed Restaurant: Mythos

Country Restaurant: Main Conservatory

International Restaurant: Central One

Elegant Restaurant: Luke Dale Roberts @ The Saxon

Fine Dining: Winehouse

New Restaurant: Rockets Restaurant

As the nominees for the Best Restaurant 2017 award were announced: Morrells, Restaurant Mosaic, Winehouse 10 on Bompas, Saskia’s Fusion, Rockets Bryanston, Luke Dale Robert @ The Saxon and Maboneng Precinct, a pin drop could be heard in the room – the winner for 2017 is Rockets Bryanston.

The RASA Lifetime Icon Award was announced as the evening drew to a close, and Restaurant Mosaic was given the award for innovation, elegance, and style of international prestige.

More information about the evening, including photographs, can be seen on the RASA website,

For more information, please contact Aysha Raad on 011 705 2054