Legal updates and opinions

As we tread new territory with a diverse cabinet, firmly moving into a new dispensation in our public administration, it is not unreasonable to imagine that [...]

and S'nenhlanhla Lushaba - Candidate Attorney In the case of Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd [1] the [...]

Introduction There is some debate surrounding the extent to which Commissioners are required to apply the general rule against the admission of hearsay evidence in matters [...]

and Yendiswa Sithole – Candidate Attorney Introduction In today's highly competitive employment market, securing the most suitable candidates is of paramount importance to the success of [...]

and Hanán Jeppie – Candidate Attorney Introduction An employer's liability in instances where it fails to comply with its statutory duties and its own sexual harassment [...]

Introduction The recent Constitutional Court decision of Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another [2024] ZACC 3 ("Coca-Cola case") offers valuable insights from [...]

Danelle Plaatjies - Candidate Attorney and Hanan Jeppie - Candidate Attorney Issue   Whether a protected strike that was characterised by serious violence and intimidation could [...]

and Danelle Plaatjies - Candidate Attorney When the employment relationship ends due to the death of the employer, it terminates by operation of law, absolving both [...]

Danelle Plaatjies - Candidate Attorney and Yendiswa Sithole - Candidate Attorney What is an employer to do when an employee is booked off on sick leave, [...]

and Danelle Plaatjies - Candidate Attorney On 5 March 2024 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the [...]

On 13 October 2021 the Labour Court ("LC") found the dismissal of the employee to be automatically unfair. This was after the Labour Court found that [...]

and Hanán Jeppie, Candidate Attorney On 1 February 2024, the Minister of Employment and Labour, Thembelani Waltermade Nxesi, ("Minister”) published, by way of Government Gazette, the [...]

and Tasreeq Ferreira - Candidate Attorney Issue Whether an employee's dismissal for posting a WhatsApp message, purporting to be from the employer's management, on the employer's [...]

and Nombulelo Bashe – Candidate Attorney Employees are required to devote their time, effort and skills to advance their employer's business interests. It is considered a breach [...]

and Nombulelo Bashe - Candidate Attorney On 21 April 2023 the Governing Body of the Commission for Conciliation, Mediation and Arbitration ("CCMA") published amended Rules for [...]

The facts of this case are simple and straightforward. Ms Khumalo was employed by the IDC. Allegations of misconduct were brought by the IDC against her [...]

On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court [...]

and Anna Tchalov, Candidate Attorney In the matter of Van Wyk and Others v The Minister of Employment and Labour and Others handed down on 25 October 2023 [...]

and Nombulelo Bashe, Candidate Attorney Culture is the sum total of the beliefs and traditions of a particular society and religion is a manifestation of culture, [...]

and Tasreeq Ferreira and Nombulelo Bashe, Candidate Attorneys Issue Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met [...]

Lessons from Minister of Police v Police and Prisons Civil Rights Union (POPCRU) Obo Senti and Others (PA15/2021) [2023] ZALAC 19 (23 August 2023) The importance [...]

Through the introduction of section 197 of the Labour Relations Act, 66 of 1995 (LRA) the idea was introduced into South African law for the first time [...]

and Kelly Sease, Candidate Attorney The Labour Relations Act ("LRA") amongst other important functions, regulates the rights of employees whose contract of employment has been terminated [...]

and Tasreeq Ferreira, Candidate Attorney Issue Whether the non-renewal of an employee's fixed term contract ("FTC")constituted an unfair dismissal as contemplated in section 186(1)(b)(i) of the [...]

and Nombulelo Bashe, Candidate Attorney The retail sector is often burdened with the issue of stock losses or shrinkage. Employers also grapple with identifying the perpetrator(s) [...]