Disputes, representation and the cases that shape practice.
The Proposed Fair Pay Bill: What South African Employers Need to Know South Africa’s proposed Fair Pay Bill is already creating major discussion across the HR, labour law, and business landscape — and if implemented, it could significantly change the way businesses recruit, struc
Read articleBCEA Earnings Threshold Increase: What Businesses Need to Do Before 1 May 2026 South African businesses have an important compliance update to act on. The Minister of Employment and Labour, Nomakhosazana Meth, has announced a new earnings threshold under the Basic Conditions of E
Read articleUnderstanding In Limine Points in CCMA Proceedings When a dispute is referred to the Commission for Conciliation, Mediation and Arbitration (CCMA), many parties expect the hearing to immediately proceed to witness testimony and evidence. However, this is not always the case. In s
Read articleProposed Labour Law Amendments Published for Public Comment What South African Employers Need to Know Now On 26 February 2026, the Minister of Employment and Labour published the Labour Law Amendment Bill for public comment. The proposed amendments signal meaningful changes to So
Read articleWhen Denials Backfire The Funniest Lessons from Labour Law Sometimes, employment law cases make you smile — not because the issues aren’t serious, but because the explanations employees offer are so… creative. In South African labour law, one recurring theme has become almost leg
Read articleSugar, Bananas, and Misconduct When Inference Goes Too Far Employment law is full of serious principles — but sometimes, the facts raise a knowing smile among HR professionals and labour lawyers. One such incident surrounds a long‑serving baker at Shoprite Checkers who ended up i
Read articleHigh-Flying Disputes Lessons from the SA Airlink Pilot Case Workplace disputes are rarely glamorous — but sometimes they reach altitudes that are, quite literally, unusual. The SA Airlink pilot case, Kroukam v SA Airlink (2005), is one such example. It involved a senior pilot, a
Read articleLabour Court Reaffirms: Employers May Not Unilaterally Withdraw a Contractual 13th Cheque A recent decision of the Labour Court has once again confirmed a fundamental principle of South African labour law: Where a 13th cheque forms part of an employee’s contractual terms and cond
Read articleNo Signature on the Employment Contract – Does It Really Matter? Why the absence of a signature does not mean the absence of an employment relationship? A surprisingly common belief in the workplace is:“If the employee never signed a contract, they’re just a casual.” This assumpt
Read articleRecent Employment Law Developments Employers Should Take Note Of A series of recent judgments from the Labour Appeal Court and Labour Court have provided important clarification on three critical aspects of employment law: The enforceability of restraints of trade following dismi
Read articleLabour Court Upholds Dismissal for Sleeping on Duty A Reminder on Workplace Discipline In a recent Labour Court judgment in Johannesburg, the court upheld the dismissal of a long-serving employee of the University of Johannesburg (UJ) who was terminated after being found sleeping
Read articleDismissal Following Prolonged Illness When Incapacity Justifies Termination Dismissal on the grounds of ill health remains one of the most complex areas of labour law. Employers are required to balance compassion with operational realities, while employees are entitled to fair pr
Read articleIndustrial Relations at a Crossroads What South Africa’s Labour Law Debates Mean for Employers South Africa’s industrial relations environment is undergoing intense debate and potential reform. In 2025, unions, civil society, and employer organisations have clashed over proposed
Read articleWork-Related Mental Illness What Are Employers Required to Do? Mental health issues in the workplace present unique and complex challenges for employers. These challenges become even more pronounced where an employee’s psychological condition arises from a work-related incident o
Read articleWhen Investigations Fail Why Strong Misconduct Allegations Still Collapse Recent Labour Court jurisprudence has once again highlighted a critical truth for employers: even serious misconduct allegations will not survive scrutiny if the investigation is weak. In Mpact Operations (
Read articleDiscipline Gone Wrong Understanding When it is Incapacity, Not Misconduct Employers often default to discipline when an employee fails to meet workplace standards. However, not every workplace issue is the result of wrongdoing. One of the most serious errors an employer can make
Read articleBCEA Trumps Company Policy: When Employers Get Leave Law Wrong Labour Court Judgment — Vijay Misra v Ithala Limited (Case No: D1074/12) Background to the Dispute The matter of Vijay Misra v Ithala Limited (Case No: D1074/12; [2014] ZALCD 64) was heard in the Labour Court of South
Read articleWhen Delay Costs More Than Losing: A Labour Court Warning for Employers South African labour law is built on a simple but powerful principle: disputes must be resolved quickly and fairly. A recent Labour Court judgment has reinforced just how seriously the courts take this princi
Read articleWhen a Slip of the Tongue Becomes a Legal Matter Freedom of Speech in the Workplace Words matter — sometimes more than we realise. In the workplace, a single slip of the tongue can escalate beyond embarrassment to a full-blown legal dispute. One illustrative example is the case o
Read article2025 and the Turning Point in South African Labour Law As 2025 unfolded, one reality became impossible to ignore: labour disputes were no longer decided by policies on paper, but by behaviour in practice. Across CCMA proceedings, Labour Court judgments and appeal outcomes, employ
Read articleSearching for Greener Pastures Is Not Dismissible Misconduct A recent Labour Court judgment has delivered a strong reminder to employers: An employee does not commit misconduct simply by looking for another job while still employed. Even where the potential opportunity lies with
Read articleRecent South African Labour Relations Case Law What HR Leaders Must Take Note Of South African labour law continues to evolve through case law, often with more immediate operational impact than legislative amendments. Over 2025, several Labour Court, Labour Appeal Court, and CCMA
Read articleLeave Accrual ≠ Unlimited Payout: What the Labour Court Says About Leave Forfeiture A recent Labour Court judgment has provided much-needed clarity on one of the most misunderstood areas of employment law: leave accrual, forfeiture, and payment on termination. The key message is
Read articleRedundancy vs Retrenchment in South Africa: What Employers Need to Know Restructuring is a normal part of business — whether driven by cost pressures, new technology, or operational changes. But when roles shift or fall away, many employers confuse two important concepts: Redunda
Read articlePay Gaps at Work: A Guide for South African Employers Discovering that two employees in the same role earn different salaries is a scenario that can quickly turn into a workplace grievance — or worse, a legal dispute. How you respond is critical. Proper management of pay differen
Read article“Screw You” to the CEO Dismissal for Gross Insubordination Upheld In a recent decision by the Labour Court Cape Town, an employer’s dismissal of a fundraiser who told the CEO “screw you” — not once, but twice in front of colleagues — was found to be fair and justified. The case,
Read articleDouble Jeopardy in the Workplace: When a Second Dismissal Crosses the Line Labour Appeal Court reinforces limits on repeated disciplinary action The recent decision of the Labour Appeal Court (LAC) once again highlights the principle of double jeopardy in employment law — and the
Read articleDiscipline Over Diplomacy Labour Court Confirms Schedule 8 Is a Guideline — Not a Loophole Case: SAMWU obo Mvinjelwa v City of Tshwane Metropolitan Municipality Others (JR1131/2017) [2025] ZALCJHB 476Court: Labour Court, Johannesburg Disciplinary processes involving union represe
Read articleWorkplace Intoxication Allegations: Why Documentation Is Key Case: Unilec SA (Pty) Ltd v Mahlo Others (JR593/23)Court: Labour Court, JohannesburgJudge: Pango AJDate: 10 October 2025Outcome: Review dismissed; costs awarded against the employer In this matter, a general worker was
Read articleConstitutional Court Ruling: Equal Parental Leave for All South African Parents On 3 October 2025, the Constitutional Court of South Africa handed down a landmark judgment in Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20, declaring the maternity and parent
Read articleWhen Leaving isn’t Losing your Job: No Dismissal, No Case The Labour Court in Johannesburg has once again emphasised a fundamental principle of South African labour law — before the Commission for Conciliation, Mediation and Arbitration (CCMA) can entertain any dispute, there mus
Read articleLawful Instructions Are Not Optional: Lessons from PFG Building Glass The Labour Court has once again confirmed that employees cannot ignore lawful workplace instructions under the guise of safety concerns that are unfounded or unreported. The case of NUMSA obo Nkosi Others v PFG
Read articleUnpacking the 2025 Code of Good Practice on Dismissal Effective 4 September 2025, the Minister of Employment and Labour has introduced a revised Code of Good Practice on Dismissal. This new Code replaces both the former Schedule 8 Code and the Code of Good Practice: Operational R
Read articleThe Basic Conditions of Employment Act of South Africa: A Comprehensive Overview The Basic Conditions of Employment Act (BCEA), Act No. 75 of 1997, is a cornerstone of South African labour law. Enacted to promote fair labour practices, it sets minimum standards for employment to
Read articleUnderstanding the Labour Relations Act of South Africa The Labour Relations Act (LRA), officially known as Act 66 of 1995, is one of South Africa’s most important pieces of labour legislation. Enacted shortly after the end of apartheid, the LRA was designed to promote fair
Read articleTurbulence at 30,000 Feet: HR Lessons from the FlySafair Dispute When good pay isn’t enough to keep the peace The recent dispute between FlySafair and its pilots caused more than flight delays — it grounded the airline’s internal trust and exposed key lessons for every South Afri
Read articleRecent Amendments to South Africa’s Labour Laws: Key Changes for Employers In the past year, South Africa has introduced significant amendments to its labour laws, impacting both employers and employees. These changes aim to address historical inequalities, enhance workplace fair
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