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.

Labour Appeal Court Confirms Dismissal For Unauthorised Gathering And Insubordination

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.

South Africa Employment

F

Fasken

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

South African law treats sick leave and medical certificates as part of a balanced system. The Basic Conditions of Employment Act, 1997 (BCEA) gives employees paid time to recover...

South Africa Employment

FW

Fairbridges

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

A recent judgment from the Mpumalanga Division of the High Court provides a critical interpretation of Section 35(1) of the Compensation for Occupational Injuries and Diseases Act (COIDA).

South Africa Litigation

AA

Adams & Adams

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

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

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

The Sources Of Compliance At Bargaining Councils

South Africa Employment

CE

Consolidated Employers Organisation

The Limits Of Trade Union Representation

South Africa Employment

CE

Consolidated Employers Organisation

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

South Africa Employment

E

ENS

Unprotected Strikes – Can Employees Raise Provocation As A Defence?

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

Lessons From 2025, Directions For Tomorrow

South Africa Commercial

SG

SNG Grant Thornton

Arbitrators Cannot Decide Constitutional Invalidity In Public Procurement

South Africa Government

E

ENS

Use Of AI In Schools: The Legal And Ethical Risks

South Africa Technology

E

ENS

Compensation For Occupational Injuries And Diseases Amendment Act, 10 Of 2022

South Africa Employment

E

ENS

A Snapshot Of The National Minimum Wage For 2026

South Africa Employment

F

Fasken

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

Employers might face situations where witnesses necessary for an arbitration or disciplinary hearing are unavailable because they have left the company or moved abroad.

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)?

In essence, Section 23(2) of the BCEA sets out that the medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients...

South Africa Employment

CE

Consolidated Employers Organisation

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

In the pursuit of social justice within South Africa's labour law, employers often find themselves navigating a complex system filled with biases and challenges.

South Africa Employment

CE

Consolidated Employers Organisation

Labour Court Jurisdiction: Lessons From Legal Precedents

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...

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

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

South Africa Employment

E

ENS

Time To Set The Record Straight – An Analysis Of A Commissioner's Mindset In Default Awards

South Africa Employment

CE

Consolidated Employers Organisation

Labour and Employment Comparative Guide

South Africa Employment

E

ENS

Safeguarding The Enforceability Of Settlement Agreements

South Africa Employment

CE

Consolidated Employers Organisation

The CCMA's Jurisdiction Over Illegal Workers

South Africa Employment

CE

Consolidated Employers Organisation

Time To Set The Record Straight – An Analysis Of A Commissioner's Mindset In Default Awards

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).

South Africa Employment

CE

Consolidated Employers Organisation

Labour and Employment Comparative Guide

Labour and Employment Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries

South Africa Employment

E

ENS

Safeguarding The Enforceability Of Settlement Agreements

In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements.

South Africa Employment

CE

Consolidated Employers Organisation

The CCMA's Jurisdiction Over Illegal Workers

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)...

South Africa Employment

CE

Consolidated Employers Organisation

Killing Time Might Kill Your Case

South Africa Employment

CE

Consolidated Employers Organisation

The Importance Of Witness Testimony At Arbitration Proceedings

The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers' burden of proof, the value of witness testimony, and the consequences of failing to produce a witness?

South Africa Employment

CE

Consolidated Employers Organisation

Why Consistency Is Key In Dealing With Workplace Misconduct

A term often heard in the context of applying discipline in the workplace is the word "consistency" or its opposite, "inconsistency."

South Africa Employment

CE

Consolidated Employers Organisation

Refusal To Work Overtime Does Not Amount To Insubordination

At the core of any Employer-Employee relationship emanates a common law duty of an Employee to render services to an Employer; however, it happens every so often that the Employer will require the Employee to render services ...

South Africa Employment

CE

Consolidated Employers Organisation

Enforcing Labour Court Orders Despite A Pending Appeal

When it comes to applications to review an arbitration award issued by a CCMA commissioner, common law principles state that the operation of the award is suspended and cannot be enforced until...

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.

Disciplinary Hearings: May An Employer Interfere With The Chairperson's Recommendation?

South Africa Employment

SI

SchoemanLaw Inc.

When Can The Labour Court Make A Settlement Agreement An Order Of Court?

South Africa Employment

E

ENS

Can An Employer Interfere With A Decision Of An Appointed Chairperson And Substitute It With Dismissal?

South Africa Employment

E

ENS

Subpoenas – During CCMA And Bargaining Council Procedures

South Africa Employment

SI

SchoemanLaw Inc.

Requiring That An Employee Speaks A Specific Language Or Be Of A Specific Nationality: Unfair Discrimination Or An Inherent Requirement Of The Job? (Podcast)

South Africa Employment

E

ENS

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Let's Talk E35: Unfair Dismissal (Video)

SI

SchoemanLaw Inc.

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