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Whether an act of dishonesty would lead to a breach in the trust relationship so as to render the continuation of employment intolerable.

While continued labour unrest and strike action in the mining sector are being managed and addressed through labour legislation and the criminal justice system (when applicable) employers need to be mindful of relevant provisions of the Mine Health and Safety Act, No. 29 of 1996 (MHSA).

Ahlesa Blankets (Pty) Ltd v SACTWU and Others, an unreported Labour Appeal Court [LAC] judgment (case number CA5/2010, handed down on 2 March 2012) is a further lesson for employers not to act over-hastily when dismissing employees embarking on unprotected strike action.

The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.

There is ongoing debate as to what constitutes disciplinary action short of dismissal under the Labour Relations Act, 1995 ("LRA"). Section 186(2) of the LRA sets out a number of employer actions...

On 09 June 2024, CCMA Commissioner, Eleanor Hambidge handed down an award in the arbitration matter between Christine Anne Lawson and Standard Bank SA Limited (GAJB 28802-23)

Over the last decade or so, the South African economic environment has consistently been subjected to large, industry-wide strikes.

It is not uncommon for employers to be confronted with suspicious or fraudulent employee sick notes. Consequently, the submission of such sick notes often leads to the institution of disciplinary proceedings.

As the world's focus once again shifts to the west and its most recent and controversial presidential appointment, questions relating to border...

During the last couple of months, a number of developments have taken place in the sphere of health and safety in South Africa as far as working environments are concerned

South Africa commemorates National Disability Rights Awareness Month between 3 November and 3 December every year. According to the Department of Women...

Our courts have often dealt with employees operating under the misconception that their social network sites are personal, private and detached from their employment.

A recent Constitutional Court (ConCourt) judgment confirmed that the 48 hours' notice of an intention to strike as required by the Labour Relations Act No. 66 of 1995 as amended (LRA), may be tendered by a trade union on behalf of all potential strikers, including those employees who are not members of that trade union.

The primary function of the CCMA is to embark on consensus-seeking processes to resolve labour disputes. This is achieved by the assigned commissioner engaging with the parties, establishing the issues in dispute...

In this article of our "Mind Your Own Business" series, we shift our focus to a crucial aspect that underpins a thriving and sustainable work environment – the importance of loyalty and trust in the employer-employee relationship.

Recent media reports have, once again, highlighted the potential problem of employees or prospective employees submitting fraudulent qualifications to employers.

In this post-recession era, in which significant economic challenges remain and competition for work is fierce, preventing an employee from taking up employment with a competitor where such employment may give that competitor access to an employer’s customers or confidential information is a key weapon