FIDIC’s Emerald Book – A powerful tool for managing unforeseen ground conditions in underground mining projects In the high-stakes world of underground mining, where uncertainty beneath the surface can greatly affect project timelines, costs, and safety, a...
“Join the dots carefully”: Labour Courts clarify joinder in employment disputes Recent decisions by the Labour Court and the Labour Appeal Court have brought renewed clarity to the legal principles governing joinder in employment-related litigation. The judgments...
Managerial review vs double jeopardy: Drawing the line in disciplinary action In a recent decision, the Labour Court of South Africa addressed the complex interplay between disciplinary procedures, managerial review powers, and the principle of double jeopardy in the...
Beyond disobedience: What makes conduct contemptuous in labour law? Contempt of court is a serious allegation, particularly in labour law where compliance with rulings and awards is essential to maintaining the integrity of dispute resolution processes. The recent...
Reinstatement is a two-way street: Labour Court clarifies employee duties In a recent judgment delivered by the Labour Court in Johannesburg, the court dismissed an application brought by Mr Jabulani Nkosi to compel his reinstatement by the Passenger Rail Agency of...
No hearing, no problem? The legality of written disciplinary processes In the modern workplace, disciplinary hearings are a common tool for addressing employee misconduct. But must these hearings always be held in person, with oral testimony and cross-examination? Or...