Court gets it wrong: Adjudicator’s decision issued under an NEC3 rendered enforceable In the recent decision of Eskom Holdings SOC Limited v Framatome, the High Court was asked to consider whether the adjudicator’s decision, issued under a NEC3 ECC was enforceable....
Preserving review rights in corporate visa refusals: Lessons from Sitrusrand Boerdery v Minister of Employment and Labour On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery’s review of the Department of Employment and Labour’s refusal to issue a...
From hearing to rehearing: Legal boundaries of revisiting workplace sanctions 1.Disciplinary enquiries must be guided by the principle of fairness. The parties must be given an opportunity to state their respective cases. Normally, the employer to ensure that fairness...
Reinstated, but not forgotten: Constitutional Court affirms back pay rights In a landmark ruling delivered on 18 June 2025, the Constitutional Court of South Africa decisively reaffirmed the rights of employees to fair labour practices in the case of Mavundla v Gotcha...
Replying affidavits: A tool for rebuttal, not reinvention Replying affidavits are typically used in motion proceedings where the court’s (or tribunal’s) decision is based on sworn written evidence (affidavits) rather than oral testimony. The purpose of replying...
