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Despite a recent court ruling, the status of enforcement awards issued by the Commission for Conciliation, Mediation and Arbitration in terms of the amended section 143 of the Labour Relations Act 66 of 1995 remains a vexing issue.

In the realm of South African labour law, the challenge of premature referrals in dismissal disputes has become a practical concern demanding careful consideration. Striking a balance between procedural adherence...

In the recent judgement of INTER-WASTE (PTY) LTD versus VIAN SMITH and a TMS GROUP INDUSTRIAL SERVICES (PTY) LTD (Labour Court – Reportable case: J 197/2021), the Court had to determine whether the...

Suspension of Employees is a common occurrence in the workplace. Accordingly, Employers should be aware of the correct processes and procedures which must be...

If sheriffs act unreasonably and hastily when executing a writ of execution, they may face adverse costs orders.

The concept of vicarious liability is not uncommon in the context of employment relationships. There is in fact a plethora of cases dealing with the question...

Using muti or traditional preparations to intimidate, scare or threaten a colleague constitutes misconduct and employers have the right to "remove such purveyors of darkness from their environment".

Since the outbreak of the Coronavirus (COVID-19), there has been much talk about what the new normal will be.

A South African Labour Court has ruled that an employee who secured her position through fraudulent misrepresentations about her employment history must repay all remuneration received, along with costs incurred from consultants she secretly promoted. The judgment establishes significant precedent for employer remedies when recruitment fraud results in no value delivered, while confirming the Labour Court's jurisdiction over employment-related fraud claims.

Could a South African company successfully recover a penalty and other associated costs it suffers following a finding of contravention of the Competition Act from those directors or management who were involved in the anti-competitive conduct?

In litigation outside the confines of the Labour Court, the general principle is that costs follow the result.

Amended Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) ("the Rules") were promulgated on 17 March 2015 and came into effect on 1 April 2015.

When can an employer in the private sector interfere with a disciplinary sanction imposed by a chairperson of a disciplinary hearing, in circumstances where the employer's disciplinary code...

Whether or not an employer is required to provide reasons before terminating an employee's contract of employment upon notice has been ambiguous for some time.

An important judgment on maternity leave for men was handed down by the Durban Labour Court on 26 March 2015.

In South Africa, participating in an unprotected strike constitutes misconduct, warranting disciplinary action. However, item 6 of the Code of Good Practice: Dismissal makes...

The definition of desertion of Employees from the workplace in South African Labour Law and according to the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to...