Insights

Dismissal and the new 2025 Code of Practice Small Businesses Previous Code: Acknowledged that disciplinary procedures may vary depending on the size of the business, but did not explicitly address...

Draft GHG carbon budget and mitigation plan regulations and technical guidelines: What emitters need to know On 1 August 2025, the Minister of Forestry, Fisheries and the Environment published two...

The importance of precision: Major win under FIDIC adjudication in South Africa  We are proud to share that the Construction Team at LnP Beyond Legal has secured a significant victory in a...

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...

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...

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...

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...

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...