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In terms of the South African Labour Relations Act, 1995 ("LRA") an employer may only dismiss an employee for a fair reason and in accordance with a fair procedure.

The CCMA has done its best over the years to limit legal representation in cases before it and thereby to limit legal costs orders in favour of successful parties...

The Labour Appeal Court (LAC) accepted that the employer had a genuine commercial rationale for restructuring but still found the dismissals substantively unfair because the employer could not defend the selection of the employees retrenched.

Something about the festive season creates a ‘buzz' of excitement. More often than not, it is this ‘buzz' which makes the festive season that much more memorable.

October 05 2011 When prospective employees apply for available positions, exactly how far does the duty to disclose 'skeletons in the closet' go?

The problem of being accused of racism, when the allegation is untrue, is starting to come to the fore and increasingly tested by our legal system.

"Yes, it is illegal. No doubt about it" Listen to the full conversation below…

The Labour Appeal Court's judgment in Industrial Development Corporation of South Africa v Modika addresses critical questions about when protected disclosures under the Labour Relations Act can halt or redirect disciplinary proceedings. This case examines the intersection between whistleblowing protections and an employer's right to conduct internal disciplinary processes, offering guidance on when employees may bypass traditional hearings in favor of pre-dismissal arbitration.

Intoxication in the workplace and employees reporting for duty under the influence are considered serious forms of misconduct.

The Labour Appeal Court (LAC) has confirmed that employees who deliberately refuse to comply with lawful and reasonable workplace instructions, and who participate in unauthorised gatherings on company premises, may be fairly dismissed for gross misconduct.

The recent Labour Court matter of Independent Municipal & Allied Trade Union on Behalf of Espach v Polokwane Local Municipality (2024) 45 ILJ 308 (LC) revolves around an application...

. These periods are governed by statute and the individual employment contract.

Where an employee has been unfairly dismissed, the court may order that the employer reinstate the employee retrospectively with back pay.

Many employees are unaware that similar to criminal or civil courts proceedings, the CCMA or Bargaining Council is allowed to compel witnesses to present themselves to testify or provide information.

From the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA)...

Employers who fail to comply with their industry's Main Collective Agreement will end up on the receiving end of compliance orders from the relevant Bargaining Council.

Constructive dismissal in South African labour law is not determined by whether an employee was forced to resign but by whether the working conditions were intolerable and unendurable.