Insights

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...

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...

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...

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...

Peremption in labour law: When conduct speaks louder than words The doctrine of peremption prevents a party from taking contradictory positions in legal proceedings. It essentially means that if a...

Long suspension, big consequences: Lessons from the SABC case In a significant ruling for public sector employers and employees alike, the Labour Court in SABC v CCMA and Others [2025] JR562-22 (LC)...

Justice demands urgency: Labour court rejects late review In a firm reminder of the importance of procedural compliance, the Labour Court of South Africa dismissed the South African Municipal...

From lay-off to pay-off: Labour court enforces contractual obligations In a significant judgment, the Labour Court of South Africa ruled in favour of two senior employees in the case of Caydavul...

Cash, conduct, and consequences: Dismissal justified In a decisive ruling, the Labour Court of South Africa set aside an arbitration award that had ordered the reinstatement of Mr Clive Speek, a...

Boundaries breached: The thin line between personal and professional in the workplace A consideration of Mediclinic Nelspruit (Pty) Ltd v Shiba [2025] JR1899/21.   Background This case centres...

Beyond reinstatement: Navigating intolerability in labour law Exploring the impact of the Golden Arrow Bus Services v CCMA [2025] ZALAC 38 and Jindal Mining SA v AMCU obo Zwane [2025] ZALCJHB 229...

From hearing to rehearing: When can employers lawfully revisit workplace sanctions? In South African labour law, fairness is the golden thread that runs through all disciplinary processes. A...