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The Labour Court has confirmed the principle that clauses in a contract of employment that provide for the automatic termination of an employee's employment if the labour broker's client no longer requires the services of the employee, are invalid.

He argued that this constituted an automatically unfair dismissal in terms of the Labour Relations Act, 1995.

Section 187(1)(c) of the South African Labour Relations Act, 1995 ("LRA") has always been controversial because of the interplay between the definition of automatically

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...

Can employees pursue a claim for a breach of contract when their employment is terminated rather than bringing an unfair dismissal dispute before the CCMA or the appropriate Bargaining Council?

Constructive Dismissal is defined in Section 186 of the Labour Relations Act ("the Act") which sets out the meaning of dismissal in terms of the Act.

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

This was the question which confronted the Labour Appeal Court in Wheelwright v CP de Leeuw Johannesburg (Pty) Ltd. In the case, the parties reached an agreement at the CCMA...

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, "yes".

​​​​A new draft Code of Good Practice on Dismissals (draft COP) seeks to introduce notable changes to Schedule 8 of the Labour Relations Act, 1995 (LRA), which provides guidance on the fairness of dismissals. The intended changes affect small employers, dismissals linked to poor performance, misconduct, participation in unprotected strikes, and operational requirements.

With retrenchments becoming more frequent across the private sector due to structural challenges, the labour market normalising after the COVID-19 pandemic and South Africa edging into a recession...

South Africa's primary dispute resolution body, the Commission for Conciliation, Mediation and Arbitration ("CCMA") has issued its first award in respect of an employee refusing to vaccinate...

On Tuesday, 20 March 2012 Cabinet approved the submission of the amendment bill for the Labour Relations Act 66 of 1995 ("the LRA") and the Basic Conditions of Employment Act 95 of 1997 ("the BCEA") to Parliament where the bills will be considered by the Portfolio Committee on Labour.

MIT's State of AI in Business 2025 report should temper any rush to restructure workforces around artificial intelligence. Headcount reductions based on assumptions of immediate, sweeping efficiency gains reflect poor risk management.

In an Arbitration relating to misconduct, a Presiding Commissioner must ultimately determine whether the sanction issued at the disciplinary hearing was fair and appropriate.

Arcelormittal South Africa ("AMSA") employed the employees as plant shop stewards.

The Labour Court has recognised that the employee's general duty is to render a service to the employer, and that failure to discharge that duty could potentially lead to disciplinary action.