South Africa: Employment Litigation/ Tribunals

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.

When a South African magistrate's removal from office was based on 13 misconduct findings, but nine were later overturned on review, could the dismissal sanction still stand? The Gauteng High Court examined whether a disciplinary sanction can survive when the majority of findings supporting it have been set aside, and what this means for the proper exercise of administrative decision-making powers.

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.

Barnard's labour experts recently stepped in after a midsized landlord tried to trim expenses by releasing ten employees.

Our world of work is evolving – and so is the way we access justice. On 28 March 2025, two important directives were issued: Directive 01 of 2025: Implementation of Court Online Electronic Platform...

The recent ruling in Backsports (Pty) Ltd v Motlhanke and Another provides important lessons for employers seeking to enforce restraint of trade clauses. While the judgment raises questions over the enforceability...

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

A confession is a statement in which a person acknowledges that he or she has committed an offence or crime. In both criminal and civil cases, including labour matters...

We at CEO have published numerous articles on Default Arbitration Awards made by the CCMA. Those articles primarily focused on the remedies available to the employer in terms of the Labour Relations Act (LRA).