South Africa: Employment Litigation/ Tribunals

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

To Conciliate Or Not To Conciliate

The Constitutional Court has clarified a critical procedural question in South African labour law: must employees or trade unions pursue conciliation at the CCMA before approaching the Labour Court after a facilitated large-scale retrenchment fails?

South Africa Employment

E

ENS

High Court Confirms That Misrepresentation Can Invalidate A Mutual Separation Agreement

The Western Cape Division of the High Court in Cape Town has delivered an important judgment on the consequences of failing to disclose material conflicts of interest before concluding a mutual separation agreement.

South Africa Employment

FW

Fairbridges

The Price Of Dishonesty In The Auditing Profession

The integrity of financial reporting depends heavily on the trustworthiness of the professionals who perform audits. When that trust is compromised from within, the consequences can be serious...

South Africa Employment

FW

Fairbridges

Constitutional Court Confirms Limits On Labour Appeals And Awards Costs In Dispute Arising From Terminated Municipal Services Agreement

The Constitutional Court has delivered a useful judgment for municipalities, organs of state, and private service providers involved in outsourcing and insourcing arrangements.

South Africa Employment

FW

Fairbridges

Zero Tolerance Hangover – When Energy Drinks Leave Employers With A Headache

South Africa Employment

E

ENS

Labour Appeal Court Confirms Dismissal For Unauthorised Gathering And Insubordination

South Africa Employment

F

Fasken

Sick Notes In South African Workplaces: Clear Rules, Fair Processes

South Africa Employment

FW

Fairbridges

Employer Immunity Is Not Absolute: What This Means For Employment Practices Policies

South Africa Litigation

AA

Adams & Adams

When Cost-Cutting Costs You: Lessons From A Botched Section 189 Process

South Africa Employment

BI

Barnard Inc.

A New Digital Era: Labour Court & Labour Appeal Court Embrace Court Online

South Africa Employment

FW

Fairbridges

Enforcing Restraint Of Trade Rights After Dismissal

South Africa Employment

FW

Fairbridges

Betrayal Of The Badge: SAPS Officer Dismissed For Shoplifting

South Africa Employment

E

ENS

DISPUTE PSYCHOLOGY: How Do We Think And Respond To Workplace Problems And Disputes?

South Africa Employment

Deale Attorneys

Being A "Loan Shark" At Work Can Result In Dismissal

South Africa Employment

E

ENS

Rebuilding Trust In AI Policymaking: South Africa’s Draft AI Policy Withdrawal

South Africa Technology

AA

Adams & Adams

Africa Tax In Brief

E

ENS

When Platforms Are Not Liable: Big Shift In Copyright Law

South Africa IP

E

ENS

From Grey To Black And White: South Africa’s Crypto Asset Regulatory Shift

South Africa Technology

E

ENS

Prediction Markets And South Africa’s Crypto Gap: When An Event Bet Starts Looking Like A Financial Product

South Africa Technology

E

ENS

The Sources Of Compliance At Bargaining Councils

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.

South Africa Employment

CE

Consolidated Employers Organisation

The Limits Of Trade Union Representation

The recent Constitutional Court judgment of AFGRI Animal Feeds v. NUMSA & Others (CCT 188/22) has pivotal implications for employers. This landmark ruling, alongside the established precedents...

South Africa Employment

CE

Consolidated Employers Organisation

Interrogation Of Sick Notes: Employer Or Employee's Responsibility?

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.

South Africa Employment

E

ENS

Unprotected Strikes – Can Employees Raise Provocation As A Defence?

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

South Africa Employment

E

ENS

The Legal Paths And Pitfalls Of Mass Dismissals: The Interplay Between Misconduct, Poor Performance And Retrenchments. What Route Can An Employer Take?

South Africa Employment

E

ENS

What Can You Do If One Of Your Employees Refuses To Testify At An Arbitration Or Disciplinary Hearing?

South Africa Litigation

CE

Consolidated Employers Organisation

Does A Medical Certificate From A Traditional Healer Comply With Section 23(2) Of The Basic Conditions Of Employment Act (BCEA)?

South Africa Employment

CE

Consolidated Employers Organisation

Reimagining Social Justice: Challenging The Status Quo In South African Labour Law

South Africa Employment

CE

Consolidated Employers Organisation

Labour Court Jurisdiction: Lessons From Legal Precedents

South Africa Employment

CE

Consolidated Employers Organisation

Employer Rights: Termination Of An Employee Upon Notice And Without Providing Reasons

South Africa Employment

E

ENS

Streamlining Disciplinary Procedures: Lessons From Legal Precedents

South Africa Employment

CE

Consolidated Employers Organisation

FACTS BEFORE MOTIVE: How Do You Deal With Suspicious Motives In An Enquiry?

South Africa Employment

Deale Attorneys

Gold One: Forcing Negotiations With An Employer Is Appalling (Podcast)

South Africa Employment

Deale Attorneys

May Unpaid Suspension Be Imposed Due To An Employee's Dilatory Conduct During Disciplinary Proceedings?

South Africa Employment

E

ENS

Streamlining Disciplinary Procedures: Lessons From Legal Precedents

In a notable judgment from the Labour Court of South Africa, the case of Mark Strydom v ArcelorMittal South Africa (J 1764/2023) has captured the attention of legal and labour relations experts.

South Africa Employment

CE

Consolidated Employers Organisation

FACTS BEFORE MOTIVE: How Do You Deal With Suspicious Motives In An Enquiry?

Sound familiar? Sometimes these protests may well be true. But they're not a defence. And they won't protect you from the merits of the charges if there're sufficient facts to prove them.

South Africa Employment

Deale Attorneys

Gold One: Forcing Negotiations With An Employer Is Appalling (Podcast)

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

South Africa Employment

Deale Attorneys

May Unpaid Suspension Be Imposed Due To An Employee's Dilatory Conduct During Disciplinary Proceedings?

There are currently two types of suspension recognised in our law, precautionary and punitive suspensions.

South Africa Employment

E

ENS

Can An Employer Rely On An Employee's Confession To Prove Misconduct?

South Africa Employment

E

ENS

Killing Time Might Kill Your Case

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

South Africa Employment

CE

Consolidated Employers Organisation

Navigating Premature Referrals, Specifically Dismissal Disputes

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...

South Africa Employment

CE

Consolidated Employers Organisation

Can An Arbitration Award Arising Out Of A Settlement Agreement Be Rescinded?

Section 143(1) of the Labour Relations Act, 1995 ("LRA") stipulates that an arbitration award issued by a commissioner appointed by the Commission for Conciliation, Mediation and Arbitration ("CCMA")...

South Africa Employment

E

ENS

What Happens When Parties Reach A Deadlock At A National Level?

When parties cannot reach an amicable agreement or solution, a "deadlock" occurs. Before parties accept that a deadlock has been reached, they should consider the possible consequences.

South Africa Employment

CE

Consolidated Employers Organisation

Understanding The Test For Constructive Dismissal In South African Labour Law

South Africa Employment

CE

Consolidated Employers Organisation

The Importance Of Witness Testimony At Arbitration Proceedings

South Africa Employment

CE

Consolidated Employers Organisation

Why Consistency Is Key In Dealing With Workplace Misconduct

South Africa Employment

CE

Consolidated Employers Organisation

Refusal To Work Overtime Does Not Amount To Insubordination

South Africa Employment

CE

Consolidated Employers Organisation

Enforcing Labour Court Orders Despite A Pending Appeal

South Africa Employment

E

ENS

Dismissing Incarcerated Employees: Are Post Dismissal Hearings Mandatory?

South Africa Employment

E

ENS

When Deja Vu Results In A Breakthrough: The Defence Of Double Jeopardy In Labour Law

South Africa Employment

E

ENS

Just How Clean Can A New Broom Sweep? The Labour Appeal Court Weighs In

South Africa Employment

E

ENS

The Right To Object To Con-arb: Key Considerations For Employers And Employees

South Africa Employment

E

ENS

Conflict Of Interest: Do Employees Need To Disclose Their Side Businesses To Their Employer?

South Africa Employment

E

ENS

A Reminder To Labour Court Litigants – Costs Will Follow The Suit, Sometimes

South Africa Employment

E

ENS

The Importance Of Mediation In Resolving Disputes And Rule 41A

South Africa Litigation

SI

SchoemanLaw Inc.

Secondary Strikes: The Constitutional Court Provides Some Clarity

South Africa Employment

E

ENS

Does Your Employer Owe You Money? You May Bring A Claim At The CCMA!

South Africa Employment

SI

SchoemanLaw Inc.

Think Your Company Is Conducting Disciplinary Enquiries In Line With Legislation? Here Is How You Make Sure!

South Africa Employment

SI

SchoemanLaw Inc.

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Latest Videos

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Let's Talk E35: Unfair Dismissal (Video)

SI

SchoemanLaw Inc.

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