Legal updates and opinions

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) [...]

  South African labour laws have been deliberately crafted in order to create a protective regulatory environment for employees. Additionally, labour dispute resolution forums such as [...]

  Our labour law allows employees to take paid sick leave when they are sick in order to attend to their health. This is so because [...]

and Nombulelo Bashe, Candidate Attorney Whilst employers regularly rely on the convenience and accessibility of a breathalyser test to determine whether employees are under the influence [...]

  Although South African labour law has a lot to say about minimum terms and conditions of employment, and pieces of legislation such as the Basic [...]

  There has been great anxiety amongst organisations since the Protection of Personal Information Act 4 of 2013 (POPIA) came into effect two years ago. Many [...]

  There has been great anxiety amongst organisations since the Protection of Personal Information Act 4 of 2013 (POPIA) came into effect two years ago. Many [...]

and Nombulelo  Bashe, Candidate Attorney AMCU obo Mkhonto v CCMA and Others (JR 2266/17) [2023] ZALCJHB (13 February 2023) Insubordination occurs when an employee fails to [...]

and Tasreeq Ferreira, Candidate Attorney Issue Whether comments made by a commissioner in conciliation proceedings could give rise to a basis to request his recusal from [...]

and Kelly Sease, Candidate Attorney In terms of section 193(1) of the Labour Relations Act 66 of 1995 (as amended) (the LRA), an arbitrator has a [...]