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...
When retrenchment masks retaliation: A wake-up call for South African employers A closer look at the Nomvula Mqikela v Pristo Response Trading judgment. Background Mqikela lodged a grievance in 2020, citing victimisation, salary discrepancies, and exclusion...
Workplace discipline: Why clarity beats complexity In South Africa, the Labour Relations Act (LRA), Act 66 of 1995, and its accompanying Code of Good Practice set out clear expectations for employers when initiating disciplinary action. A key requirement is that...
Risk vs responsibility: When safety rules are broken In Sibanye Rustenburg Platinum Mines (Pty) Ltd v CCMA and Others, the Court reviewed and set aside an arbitration award that had ordered the reinstatement of an employee dismissed for gross negligence. The case...
