Three paths to closure: A guide to lis pendens, res judicata, and compromise In South African labour law, disputes often evolve through multiple forums: conciliation, arbitration, and litigation. When parties attempt to raise or defend claims that have already been...
The power of words: How one email changed a labour dispute In the matter of Lorren v Raydian, the applicant approached the Labour Court alleging that her dismissal by the respondent was procedurally and substantively unfair. The respondent raised a special plea,...
The power of language: When a slip of the tongue becomes a dismissal The recent Labour Court judgment in GIWUSA obo Siyabonga Lungelobuthelezi v AEL Mining Services offers a sobering reminder of the importance of respectful conduct in the workplace, especially in...
Signed, but not settled: When settlement agreements do not end the story In the Labour Court matter of Gottlieb and Others v Procure Genii, five former employees challenged their dismissals and sought reinstatement or compensation. The employer raised a preliminary...
Your handy retrenchment compliance checklist Preliminary assessment Confirm retrenchment is due to operational requirements (economic, technological, structural). Determine if it’s a small-scale (Section 189) or large-scale (Section 189A) retrenchment. Selection...
