Legal Cases

When employees reject recovery plans

Is it fair to dismiss an employee for refusing to comply with the recovery plan that was implemented to avoid mass retrenchment?

Article Menu Categories: 

Breaking labour brokers

The risks associated with incorrect use of agency workers became very real to many employers when South Africa's highest court, the Constitutional Court (CC), handed down its long-awaited judgment on 26 July 2018.

Article Menu Categories: 

No need to testify twice: Employers take note

The Labour Court in South Africa (LC) was recently tasked with considering the weight that should be attached to the transcribed record of an internal disciplinary hearing.

Article Menu Categories: 

What are the rights of illegal workers in SA?

In light of xenophobic violence which continues to be a problem in various regions in South Africa, the case of Discovery Health Limited and Commission for Conciliation, Mediation and Arbitration, and German Lanzetta has important implication

Article Menu Categories: 

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.

Article Menu Categories: 

"But it wasn’t racist"

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

Article Menu Categories: 

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.

Article Menu Categories: 

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

Article Menu Categories: 

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

Article Menu Categories: 

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?

Article Menu Categories: 

Pages