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Credibility matters: Why inconsistent defences can destroy a case
A recent Labour Court judgment in City of Cape Town v South African Municipal Workers Union obo Lindani provides important guidance on how commissioners should assess evidence in dismissal disputes...
When empowerment is only on paper: A court’s warning on B-BBEE fronting
For approximately 14 years, a company relied on a black shareholder to meet its B-BBEE requirements and secure work in the mining sector. When it sought to improve its B-BBEE score, it attempted to...
A signed payment certificate is a cheque, not an opening bid
Once a principal agent, engineer, or project manager signs off a contractor's payment application, the employer is on the hook. The signed certificate stops being a request for payment that either...
Reading between the lines of South Africa’s Industrial Development Strategy
In June 2026, the Department of Trade, Industry, and Competition published South Africa's new Industrial Development Strategy. It names affordable, reliable electricity as the biggest and most...
Pay now, argue later: The two narrow doors out of an adjudicator’s decision
Pay now, argue later: The two narrow doors out of an adjudicator's decision If an adjudicator of a construction dispute issues a determination in your favour, the other side must pay you now...
You did not sign the contract. You can still be bound to its arbitration clause.
You did not sign the contract. You can still be bound to its arbitration clause. An employer on a Camps Bay building project paid 14 of the 15 payment certificates issued to its contractor....
When artificial intelligence derails workplace discipline
When artificial intelligence derails workplace discipline The increasing use of artificial intelligence in legal and workplace processes promises greater efficiency and faster access to...
Equality at what cost? Revisiting disability and reasonable accommodation
Equality at what cost? Revisiting disability and reasonable accommodation The Constitutional Court's decision in Damons v City of Cape Town remains one of the most important South African...
You chose a private judge. You cannot appeal your way out of the result.
You chose a private judge. You cannot appeal your way out of the result. A property developer lost an arbitration, then asked the High Court to overturn the award. It said the arbitrator, a...
When ‘fixed-term’ is no longer fixed: The illusion of expiry
When 'fixed-term' is no longer fixed: The illusion of expiry In Maphosa and Others v New Model Private College and Others (Labour Appeal Court, 28 May 2026), the Labour Appeal Court was...
From facilitation to litigation: No pit stop at conciliation
From facilitation to litigation: No pit stop at conciliation The Constitutional Court has provided important clarity on the procedural pathway available to employees dismissed for operational...
The adjudicator cannot decide a case the parties did not argue: LMND v John Henry Group
The adjudicator cannot decide a case the parties did not argue: LMND v John Henry Natural justice arguments in adjudication enforcement are, by design, difficult to run. The UK (and South...