Legal updates and opinions

and Yendiswa Sithole - Candidate Attorney The Constitutional Court ("the CC") in AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Ltd v National Union of [...]

and Hanán Jeppie - Candidate Attorney ISSUE In National Union of Public Service and Allied Workers obo Cesiko / South African Human Rights Commission [2024] 8 [...]

and Hanán Jeppie - Candidate Attorney ISSUE In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), [...]

and Tasreeq Ferreria - Candidate Attorney Issue Whether the Commission for Conciliation Mediation and Arbitration (the "CCMA") was correct in finding that the National Union of [...]

The impact of AI on the workplace is a rapidly evolving field of study, and South Africa can look to other countries, where cutting edge AI [...]

South Africa’s corporate landscape has seen an uptick in transactional activity this year, marked by a mix of strategic mergers, acquisitions, and, in some cases, distressed [...]

A federal judge in California recently considered an employment discrimination claim that involved AI. Even though it considered specific circumstances which are fairly unique and groundbreaking, [...]

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 [...]