Andrew Goldberg Employment Lawyer January 2023 Labour Lawyers attorney Johannesburg Labour Law employment law Founder and CEO of Goldberg Attorneys Inc
Johannesburg Braamfontein Gauteng - Labour Court action
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Homepage of Labour lawyer attorney, Andrew Goldberg, cell 0832607530 - the owner of Goldberg Attorneys Inc. Braamfontein Johannesburg, Member of the Law Society of the Northern Provinces (LSNP) and South African Society for Labour Law (SASLAW). With over 1500 Labour Court appearances and 75 cases reported online, Mr Goldberg is your best choice in all matters.
Recent Case Law by Goldberg Attorneys
Kumalo v Fidelity - Decision handed down on 06 May 2021 per Snyman AJ
Mr Khumalo was working for Fidelity as a cash-in-transit driver. He claimed that Fidelity failed to supply him with a third man, which forced him to be the driver and the third man. But you cannot be two people, can you? Anyway, he won his case at the Bargaining Council, the Company Reviewed it, and the matter was referred back. At Arbitration, he was successful again and was reinstated. The Company again sought to review it. Snyman AJ found that the Employee's dismissal was fair. The Commissioner was rebuked for failing to have regard to the evidence of the Company witnesses, for failing to recognise the severity of the misconduct and for failing to take into account that Khumalo showed no appreciation of the risk that he caused to the Company and that he showed no remorse whatsoever but instead sought to deny that he was in any way negligent. #arbitration #law #compliance #employmentlaw
Samancor Chrome (Pty) Ltd t/a Tubatse Ferrochrome v Dirk Willem Potgieter - Decision handed down on 16 February 2021
In this EXCLUSIVE landmark decision, Snyman AJ was called upon to decide when a reinstatement order issued by the LAC correcting the original Award of 12 months compensation takes effect; further, if the Company can counterclaim against a Section 77 Application for outstanding salaries by claiming that the Employee had an alternative source of income (that is he worked elsewhere). This is a must-read; it will become the bible in matters of such nature. Well done Acting Judge Snyman #law #lawyer #employmentlaw #SNYMANAJ #litigation #REINSTATEMENT #COUNTERCLAIM #Employmentlaw #LOCUSCLASSICUS.
The Judge found that the LAC's Judgment meant that the Award dated 2008 should have set out that the Employee was reinstated with backpay up until the date he was to be reinstated in terms of the Award, which could only have been in 2008. The claim for outstanding salaries from 2008 onwards was not claimable. The Arbitration Award only disposed of the restoration of the employment contract through of reinstatement. Set out that: a Commissioner cannot be called upon to predict the future and can only cater to the situation at the time of the Award. In a salary claim, the Employer can use alternative income sources as a defence.
Read Acting Judge Goldberg's Judgment at http://www.saflii.org/za/cases/ZALCJHB/2017/39.0.html
If anyone can win your case, it is us! Do not settle for less than the best! We have an impeccable record, having won most of our cases!!
Do you have an Arbitration Award in your favour - if so, we can help you enforce it wherever you are - Mpumalanga, North West or KZN or even the Cape - we work out of Johannesburg, Cape Town, Port Elizabeth, and Durban Labour Courts but our offices are in Braamfontein in the same building as the Labour Court - Arbour Square.
Watch Mr Goldberg on TV dealing with Labour Issues.
or for further viewing, try https://www.youtube.com/watch?v=V-ThwTUSsgw!
Mr Goldberg has over 18 years of experience as a labour attorney/lawyer specialising in Labour Law. Acted on behalf of all parties. Drafted opinions, pleadings and heads of argument, chairing of disciplinary hearings, mediation, and Arbitration. Represented parties at disciplinary hearings, CCMA, Labour Court and Labour Appeal Court. Extensive Labour Court experience representing clients and arguing matters. Various reported cases. (See Goldberg Attorneys main site) Mr Goldberg a well-spoken, trustworthy, confid, and runs cases from start to finish.
Labour Law History:
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Reference from a vacation worker: "VACATION PROGRAM FEEDBACK"
"I like the location of the firm. For the firm to be in the same building with the Labour Court seems to be a bonus for it. I think this was a good business move. The Director and his staff seemed to have a good working relationship. I could say there is an open door policy. I even applied the open door policy, and the impact of it was positive."
Tukisho Madisha (Shortened)