Legal Cases

How far can a company slash wages and benefits to maximise profits? The Constitutional Court will decide

On 29 May 2018, the Constitutional Court heard a case which will determine the extent to which an employer is allowed to slash salaries and benefits in order to maximise profits and to dismiss employees who refuse the change in work conditions.

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"But it wasn’t racist"

The Constitutional Court in South Africa confirms a hardline approach on racism.

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Can your employer make you re-apply for your job?

In South Africa an employee’s services can be terminated as a result of his/her misconduct or incapacity or as a result of the employer’s operational requirements.

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Court confirms that bad behaviour should not be rewarded

The Labour Court (LC) in Solidarity obo Oelofse v Armscor (SOC) Ltd and Others ( (21 February 2018) was tasked with reviewing a decision that the non-payment of a performance bonus was not an unfair labour practice, even though the employee e

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Labour court hits employers where it hurts

27 March 2018, the Labour Court delivered its judgment in the matter of SATAWU and Others v Sihlangene Security & Cleaning CC and Another (Case No: JS 79/11), whereby the court showed its displeasure for a complete absence of prior proced

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Can you dismiss an employee for posting a racist comment on Facebook?

Is a dismissal of an employee who posted alleged racist comments on Facebook substantively fair?

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Treat employee incapacity with caution

South Africa’s Labour Relations Act (LRA) sets out clear guidelines that employers must follow when it comes to dealing fairly with cases of employee dismissal for incapacity.

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Labour Appeal Court cleans up mess

In Clencor Pty Ltd v Mngezana NO and Others (25 January 2018), the Labour Appeal Court (LAC) was required to consider whether the Labour Court (LC) erred in coming to a conclusion as to the relevance of evidence not presented at the Commissio

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#METOOZA: Sexual harassment in the workplace in South Africa

Recently, and on an ongoing basis, revelations of sexual harassment in Hollywood have made the headlines, and stories of sexual harassment or inappropriate behaviour amongst celebrities and entertainers are being revealed on an almost daily basis.

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Automatically unfair dismissals Vs legitimate unfair dismissals

It is necessary to determine whether the employer is exercising its right to dismiss employees for operational requirements or, whether it was actually dismissing the employees in order to compel them to accept a demand of mutual interes

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