South Africa: Unfair/ Wrongful Dismissal

The Labour Court has ruled that workplace complaints do not automatically qualify as protected whistle-blowing under South Africa's Protected Disclosures Act. This judgment examines when employee allegations of impropriety receive legal protection and what factual foundation is required to establish a protected disclosure that shields workers from retaliation.

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.

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.

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

On 15 April 2025, the Department of Employment and Labour published two (2) Regulations under the Employment Equity Act 55 of 1998 as amended (‘the Act').

Implementing disciplinary policies, codes of conduct, and procedures is not merely best practice – it's a legal necessity.

The Labour Relations Act ("LRA") distinguishes between what can be termed "large scale retrenchments," regulated by sections 189 and 189A of the LRA...

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

In South Africa, dismissing an employee must be based on one of three fair reasons: misconduct, incapacity (arising from poor performance or ill health/injury), or operational requirements.