Legal updates and opinions
Search Author
Intention to deem all performers in advertising, artistic and cultural activities as employees
by Andre van Heerden, Director, Jacques van Wyk, Director, Hannah Fowler, Candidate Attorney and Mikayla Ehrenreich, Candidate Attorney On 23 January 2026, the Minister of Employment [...]
The union doth protest too much: NUMSA v BMW and the limits of court intervention in disciplinary proceedings
by Bradley Workman-Davies, Director The Labour Court’s judgment in NUMSA on behalf of Members v BMW (SA) (Pty) Ltd is a timely reaffirmation of an [...]
Defamation in Labour Law – Manqele V Baloyi Masango Inc Attorneys and Others (896/2023) [2025] Zampmbhc 75 (12 August 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate It is not unusual for employers to appoint a law firm to conduct investigations into allegations of [...]
Substance dependence in the workplace- misconduct or incapacity?
by Bradley Workman-Davies - Director, Nasheetah Smith - Senior Associate & Isabella Keeves - Candidate Attorney One of the challenges faced by most employers today is [...]
Cutting the baby in half – when equality meets reality: Paid maternity leave after Van Wyk v Minister of Employment and Labour
by Bradley Workman-Davies, Director and Kerry Fredericks, Director The Constitutional Court's recent judgment in Van Wyk and Others v Minister of Employment and Labour and Others [...]
Employers’ beware: not every positive test warrants a dismissal, even where a zero tolerance policy is in place
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney When it comes to workplace policies on alcohol and drugs, some employers adopt a zero-tolerance stance. [...]
Are all parents created equal: The Constitutional Court confirms the invalidity of legislation relating to forms of parental leave
by Kerry Fredericks - Director, Thembelihle Tshabalala - Associate and Gracie Sargood - Candidate Attorney In the recent highly anticipated Constitutional Court judgment of Van [...]
You can’t have it both ways: Contractors who act like businesses must live with the consequences
by Bradley Workman-Davies, Director When you run your work as a business, invoice for your services, and elect to skip the obligations that come with [...]
New Code of Good Practice: Dismissal
by Anastasia Vatalidis, Director and Anna Tchalov, Associate On 4 September 2025, the new Code of Good Practice: Dismissal ("New Code") came into effect. The New Code [...]
Balancing union duties and job performance: Association of Mineworkers & Construction Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Ltd
by Jacques van Wyk, Director and Mike Searle, Candidate Attorney In the construction and engineering sectors, senior employees often juggle high-stakes operational responsibilities with union [...]
Reinstatement – not always fair
by Bradley Workman-Davies, Director South Africa’s labour law often elevates reinstatement as the primary remedy for unfair dismissal, but reinstatement does not automatically serve justice. [...]
National Minimum Wage Act: What employers need to know about the 2026 review
by Andre van Heerden, Director, Bradley Workman-Davies, Director and Jacques van Wyk, Director South Africa’s National Minimum Wage Act (NMWA) has been in force since [...]
Signed, sealed and settled
by Bradley Workman-Davies, Director and Isabella Keeves, Candidate Attorney Where the continuation of the employment relationship between an employer and employee breaks down, the parties may [...]
To dismiss or not to dismiss – That is the operational question
by Bradley Workman-Davies, Director The recent Labour Court judgment in Inxuba Yethemba Municipality v Msweli & others underscores two important principles for both employers and commissioners at the [...]
The Clock is Ticking on Unfair Labour Practice Referrals – Labour Court Confirms They Are One-Time Events
by Bradley Workman-Davies, Director In the recent case of NEHAWU obo Makhubele & others v Ramalatso NO & others , the Labour Court reaffirmed that disputes over unfair [...]
How Strong Merits Can Save a Late Case
by Jacques van Wyk, Director and Mike Searle, Candidate Attorney In a recent Labour Appeal Court (“LAC“) judgement in Government Printing Works v Public Service Association and [...]
Does an Employer’s Right to Discipline and Dismiss its Employees Prescribe?
by Anastasia Vatalidis, Director and Anna Tchalov, Associate In Public Investment Corporation v More and others, handed down on 16 April 2025, the Labour Court was called upon to [...]
Employers must timeously take steps to deal with any allegations of sexual harassment raised with them, failing which they may be held liable
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Independent Municipal and Allied Trade Union obo S and another / Nelson Mandela Metropolitan Municipality, the [...]
Are we seeing an end to the appointment of board members to act as CEOs of SOEs / Private Companies?
by Sandile July, Director and Head of Employment and Nonkosazana Nkosi, Director 1. The Labour Court has officially put a stop to the appointment of board [...]
Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28 (15 May 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate 1. Does the Labour Court have the power to declare a pre-arbitration minute invalid and set it [...]
Managers, who are members/representatives of a trade union, are still required to fulfil their contractual obligations to their employer
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Association of Mineworkers and Construction Workers Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Ltd, the [...]
Allegations of Ethnic Discrimination Require Evidence: the Sagan Principle
and Isabella Keeves - Candidate Attorney In 1979 science communicator and physicist Carl Sagan wrote in his book Broca's Brain that "Extraordinary claims require extraordinary evidence", [...]
The Clock Is Ticking: Labour Disputes and the Perils of Miscalculating Timeframes
The recent Labour Court decision in Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (PR174/2023) provides a sobering reminder of the importance of calculating [...]
Automatic Termination Clauses Do Not Trump the LRA: The Biyana Case
and Isabella Keeves – Candidate Attorney The CCMA’s recent decision in Biyana v National Consumer Commission (2025) 34 CCMA 7.17.2 offers a critical reminder for employers [...]
Sorry Not Sorry
and Mike Searle, Candidate Attorney In the recent Labour Court decision of Standard Bank Insurance Brokers (Pty) Ltd v Dlamini & Others (JR15/24), the issue of [...]
