Labour Appeal Court Reaffirms: LRA Mechanisms Essential for Dismissal Remedies In a recent judgment (available at SAFLII ), the Labour Appeal Court (“the LAC”) has decisively reaffirmed a cornerstone principle of South African labour law: challenges to breaches of the Labour Rel... Labour Court 8 Apr 2026
Labour Appeal Court Upholds Dismissal for Misconduct: Context and Facts Trump Labels In a recent judgment, the Labour Appeal Court (LAC) dismissed an appeal against a dismissal for misconduct, reinforcing flexible principles in South African labour law. The case centred on an employee... Labour Court 17 Mar 2026
Labour Appeal Court Confirms Validity of Mutual Separation Agreements in Retrenchment Cases In the recent case of Matskoleng and Another v Synergy World Logistics (Pty) Ltd, the Labour Appeal Court (LAC) confirmed the enforceability of mutual separation agreements during retrenchment process... Labour Court 3 Mar 2026
Can a chairperson of a disciplinary enquiry reject a proposed lenient sanction in terms of a plea-bargain agreement? The Labour Appeal Court recently clarified a chairperson's powers to reject a lenient sanction following a so-called “plea-bargain” reached between parties in a workplace disciplinary hearing. The cas... Disciplinary Hearings 24 Feb 2026
Can you dismiss an employee who is job hunting? What is this about? The Labour Court recently ruled and upheld a CCMA finding that dismissing an employee for seeking employment whilst still employed constitutes substantively unfair dismissal. The e... Dismissals 11 Feb 2026
When Christmas Cheers Turn to Christmas Tears It's the season to be jolly, but sometimes the office Christmas party can turn into a bit of a legal headache for both employees and employers. Imagine Anele, a marketing manager, and Joe, the new int... Misconduct 1 Dec 2025
Proceeding with a disciplinary hearing in an employee’s absence The Labour Court in the case of Transnet Soc Ltd v NTM obo Molope and Others recently reviewed and set aside an arbitration award that found the dismissal of two employees to be procedurally and subst... Dismissals 17 Nov 2025
Double jeopardy within the context of employment The Labour Appeal Court recently re-emphasised the approach and application of the so-called “double jeopardy rule” within the context of workplaces and employment, providing important guidance for em... Misconduct 7 Nov 2025
Constitutional Court Confirms the Right to Equality for all new Parents On 3 October 2025 the Constitutional Court confirmed the High Court’s judgment in Van Wyk and Others v Minister of Employment and Labour declaring certain provisions of the Basic Conditions of Employm... Parental Rights 21 Oct 2025
Key takeaways from the new Code of Good Practice: Dismissal The new 2025 Code of Good Practice: Dismissal (“the Code”) replaces all previous dismissal codes in South Africa, specifically the previous Good of Good Practice: Dismissal contained in Schedule 8 of ... Dismissals 13 Oct 2025