Mr. Vusi Rajuili

Name
Mr. Vusi Rajuili
Qualification
Biuris LLB (UKZN)
Company
Vusi Rajuili Commercial and Labour Law Attorneys
Presentation Title
Employee Wellness Through Case Law in the Courts
Content Focus Area
Industry Level
Managing Wellness Information – Answering The “So What?” Question
Biographical information related to the topic
In the past year the Courts have given rulings that have a bearing on Employee Wellness , in keeping with this year’s theme in particular the Employee Wellness Practitioners Response-ability to empower and enable themselves to stay abreast of developments in the industry as well as their Response –ability to stay abreast of new developments and to improve both programme provision and technology it is incumbent on EAP practitioners to stay abreast of Court Rulings that have a bearing on Wellness.

We will present a paper to Conference which paper seeks to take attendees through those decisions that have a bearing on Employee Wellness

In the presentation we intend to discuss and explore those rulings which we opine to have a developmental effect on the practice of EAP and thus there is a Response-ability on the EAP practitioners to stay abreast of these new developments by familiarizing them with the rulings.
Our presentation will discuss in no particular order these decisions which are considered to have an impact on wellness; The principle enunciated by the Court ruling will be discussed, this will be followed by the facts of the case as well as extracts from the judgment, in conclusion the impact of the decision from an Employee Assistance Practitioner’s point of view .We enlist herewith those rulings which will be the subject of the discussion :

• University of Stellenbosch Legal Aid Clinic and Other v Min of Justice and Correctional Services and Others,CCT127/15(2016)

• The Casual Workers’ Advice Office and Others v CCMA and Others J 645/16

• Xstrata South Africa (Pty) Ltd(Lyden Alloy Works) v NUM OBO Masha and Others (JA 4/15)(2016) ZALZC25 (14 June 2016)

• National Sugar Refining & Allied Industries Union on behalf of Mngomezulu and TongaatHulett Sugar Ltd (Darnall) (2016) 37 ILJ 2441 (BCA)

• Kalipa Mtati v KPMG Services (Pty) Ltd J2277/16; 18 October 2016

• De Wet v World Luxury Hotel Awards (Pty) Ltd (C763/15)(2016) ZALCC
• M I A v State Information Technology Agency (Pty) Ltd (D 312/2012) [2015] ZALCD 20 (26 March 2015)
• South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others (CCT19/16) [2016] ZACC 38; [2017] 1 BLLR 8 (CC); (2017) 38 ILJ 97 (CC); 2017 (1) SA 549 (CC); 2017 (2) BCLR 241 (CC) (8 November 2016)
• TFD Network Africa (Pty) Ltd v Singh N.O. and Others (CA16/15) [201

Abstract
Our presentation will discuss in no particular order these decisions which are considered to have an impact on wellness; The principle enunciated by the Court ruling will be discussed, this will be followed by the facts of the case as well as extracts from the judgment, in conclusion the impact of the decision from an Employee Assistance Practitioner’s point of view .

We enlist herewith those rulings which will be the subject of the discussion :

• University of Stellenbosch Legal Aid Clinic and Other v Min of Justice and Correctional Services and Others,CCT127/15(2016)

• The Casual Workers’ Advice Office and Others v CCMA and Others J 645/16

• Xstrata South Africa (Pty) Ltd(Lyden Alloy Works) v NUM OBO Masha and Others (JA 4/15)(2016) ZALZC25 (14 June 2016)

• National Sugar Refining & Allied Industries Union on behalf of Mngomezulu and TongaatHulett Sugar Ltd (Darnall) (2016) 37 ILJ 2441 (BCA)

• Kalipa Mtati v KPMG Services (Pty) Ltd J2277/16; 18 October 2016

• De Wet v World Luxury Hotel Awards (Pty) Ltd (C763/15)(2016) ZALCC
• M I A v State Information Technology Agency (Pty) Ltd (D 312/2012) [2015] ZALCD 20 (26 March 2015)
• South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others (CCT19/16) [2016] ZACC 38; [2017] 1 BLLR 8 (CC); (2017) 38 ILJ 97 (CC); 2017 (1) SA 549 (CC); 2017 (2) BCLR 241 (CC) (8 November 2016)
• TFD Network Africa (Pty) Ltd v Singh N.O. and Others (CA16/15) [2016] ZALAC 50 (8 November 2016).
• Pioneer Foods (Pty) Ltd v Workers Against Regression (WAR) and Others (C687/15) [2016] ZALCCT 14 (19 April 2016)
• Damelin (Pty) Ltd v Solidarity obo Parkinson and Others (JA48/15) [2017] ZALAC 6 (10 January 2017)

Session Description
In the past year the Courts have given rulings that have a bearing on Employee Wellness , in keeping with this year’s theme in particular the Employee Wellness Practitioners Response-ability to empower and enable themselves to stay abreast of developments in the industry as well as their Response –ability to stay abreast of new developments and to improve both programme provision and technology it is incumbent on EAP practitioners to stay abreast of Court Rulings that have a bearing on Wellness.
Learning Objective 1
Delegates will be familiarised with Court rulings
Learning Objective 2
They will relate these to their work
Audience Level
Intermediate