Fourteen moves before finishing school is enough to turn anyone into an expert in the peculiar rituals of moving day! Finding the sturdiest boxes, borrowing a roll of tape that never seems to cut cleanly, and writing kitchen, books or glass across the side in thick black marker. By the time Nathan Campbell reached his [...]
Dismissals based on ill-health or incapacity present some of the most sensitive challenges in employment law. Unlike misconduct dismissals, incapacity cases are not concerned with employee fault, but rather with whether the employee remains capable of performing the inherent requirements of the job and whether the employer has taken reasonable steps to accommodate the employee [...]
Sick leave abuse remains one of the most common and disruptive workplace challenges. While the Basic Conditions of Employment Act (BCEA) protects employees who are genuinely ill or injured, it also provides employers with clear rights to manage, investigate, and address abuse. Understanding the statutory framework is the first step in dealing with the issue [...]
Bargaining councils play a central role in regulating labour relations within specific industries in South Africa. Where collective agreements are extended to non-parties, registration with the relevant bargaining council is not optional. It is a legal obligation that directly affects compliance, cost structures, and workplace stability. By Carl Ranger Head of Training at Consolidated Employers [...]
One of the hardest lessons employers learn about labour disputes is that being right does not always mean winning. Many employers arrive at arbitration convinced that justice will prevail because misconduct clearly occurred, the employee admitted wrongdoing, or the workplace rule was obvious. Yet arbitration awards do not always reflect those expectations. This is not [...]
Constructive dismissal remains one of the most difficult dismissal disputes for employees to prove successfully. This position was recently reaffirmed by the Constitutional Court in Maleka v Boyce N.O. and Others (CCT 175/23) [2026] ZACC 7. While the majority judgment confirmed the long-established legal principles governing constructive dismissal, the minority judgment attracted significant attention for [...]
Before Elmarie Janse van Vuuren became the person calmly phoning members, working through accounts and helping keep the wheels turning at CEO, she was apparently a small Pretoria expert in “kattekwaad”. Growing up in Capital Park, she admits she definitely tested her parents’ patience with the pranks and mischief she got up to as a [...]
In a landmark judgment delivered on 3 October 2025, the Constitutional Court in Van Wyk and Others v Minister of Employment and Labour and Others fundamentally redefined parental leave in South Africa. The Court held that existing provisions of the Basic Conditions of Employment Act (BCEA) and Unemployment Insurance Act (UIA) unfairly discriminated against fathers [...]
A mutual separation agreement allows an employer and employee to end the employment relationship by mutual consent rather than through dismissal or resignation. These agreements are often used where the employment relationship has irretrievably broken down, and both parties wish to separate on agreed terms. While they can provide an efficient and amicable resolution, mutual [...]
Medical certificates remain a critical safeguard for employees on sick leave, but they are also frequently abused. While employers are entitled to investigate suspected misuse, recent Labour Appeal Court jurisprudence makes it clear that suspicion alone is insufficient to justify disciplinary action or dismissal. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)