Legal updates and opinions
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Excessive delay in disciplinary proceedings could render the dismissal unfair
Lethoba and Rand Water (2025) 46 ILJ 2771 (CCMA) by Andre van Heerden - Director and Mikayla Ehrenreich - Candidate Attorney Introduction Employers should guard against unduly [...]
Not Every Employee Is a Whistleblower (And Not Every Disciplinary Hearing Is Up for Debate)
by Bradley Workman-Davies - Director The Labour Court’s judgment in Modika v Industrial Development Corporation of South Africa and another serves as an important corrective to [...]
Deadlines Are Not Suggestions (And Finality Still Matters)
by Bradley Workman-Davies - Director The Labour Appeal Court’s decision in NUMSA obo Members v Macsteel Service Centres South Africa (Pty) Ltd offers a useful reminder [...]
Redundancy and the Duty to Consult: Lessons from Tsogo Sun Casinos v SACCAWU
by Jacques van Wyk - Director and Mike Searle - Candidate Attorney Retrenchment is often described as a ‘no-fault’ dismissal, yet it remains one of the [...]
Your Workforce Is Not Your Property
by Bradley Workman-Davies - Director The Labour Court’s judgment in Man Mining Technical Services (Pty) Ltd v Eagle Creek Investments 278 (Pty) Ltd and others is [...]
The Fired and the Furious — and Still Restrained
by Bradley Workman-Davies - Director The Labour Appeal Court’s decision in Backsports (Pty) Ltd v Motlhanke and another is a useful reminder that dismissal does not [...]
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 [...]
