Pre-Arbitration Minutes: Lessons from Alexkor Ltd v Mervyn Carstens
At its very nature, concluded pre-arbitration minutes are signed agreements. They are beneficial in the arbitration process as they clarify issues in dispute, set crucial deadlines, encourage efficiency and transparency and assist the commissioner. Once [...]
The Legality of Linking Tools of Trade to Employment
It is a common occurrence that employers send employees home when tools of trade are no longer available. It is often seen across all industries within the labour sector, but more specifically in workplaces which [...]
Risky Business
The recent judgment in the matter of Mediclinic Nelspruit (Pty) Ltd v Shiba and Others (JR1899/21) [2025] ZALCJHB 218 (9 June 2025) serves as a stark reminder of how problematic workplace relationships can become for [...]
The Value of Alignment: Job Profile Check-Ins
With spring in the air and the birds beginning to chirp once more, it comes as a stark reminder that the end of the year is drawing close and will be upon us before we [...]
I Didn’t Sign My Contract – Does That Matter
In South African labour law, few phrases are thrown around with as much misplaced confidence as: “He never signed a contract, so he’s just a casual.” It’s a common misconception and one that continues to [...]
Office Without Walls: The Trust Economy
The world didn’t just change in 2020. It accelerated. When COVID-19 forced offices to shut their doors, we entered what felt like a massive global experiment: Could work still work… without the workplace? For many, [...]
Performance Improvement Measures
Effective management of underperforming employees is crucial for maintaining organisational productivity, morale, and a positive work environment. Employee performance issues can stem from various factors, including lack of skills, unclear expectations, personal challenges, or disengagement. [...]
Crossing the Line
In South Africa’s labour dispute resolution framework, the Commission for Conciliation, Mediation and Arbitration (CCMA) and the various accredited Bargaining Councils function as quasi-judicial forums mandated to resolve workplace disputes. In both settings, Commissioners are [...]
The Miles of Trials: Why Grit Still Matters
Some lessons don’t come from books or boardrooms. They come from early mornings. Quiet miles. Sore legs. And the stubborn decision to show up anyway. We live in a world obsessed with shortcuts – productivity [...]
When the Law of Contract meets Labour Law
In this article, we will examine whether it is permissible for employers to withhold statutory monies when employees resign without notice, specifically whether clauses in employment contracts allow employers to do so. Lastly, we will [...]
Jurisdiction Beyond Borders
In the matter of Naidoo v Khosa NO and Others (JR1346/22) [2025] ZALCJHB 131 (18 March 2025), the Labour Court addressed the jurisdictional complexities surrounding South African government employees stationed abroad. Ms. Reena Naidoo, a [...]
The Devil is in the Details
In South Africa, restraint of trade clauses are commonly included in employment contracts to protect an employer’s legitimate business interests. These clauses restrict employees from working for competitors, starting a competing business, or soliciting clients [...]
The Hostile Witness
A subpoena is a document issued by the CCMA that compels a witness to testify in an arbitration. The CCMA has established specific rules and procedures governing the issuing of subpoenas, which are outlined in [...]
Time-Bound Justice: Do labour disputes prescribe?
The Prescription Act may intersect with the Labour Relations Act 66 of 1995 (LRA), particularly whilst scrutinising when a labour dispute arose and when the dispute was referred. Section 16(1) of the Prescription Act provides [...]
Negotiation Forums
Negotiating forums play an important role when it comes to effective collective bargaining within bargaining councils. These forums serve as a vital platform where registered trade unions and employer organisations engage in structured dialogue to [...]
The Negotiator’s Edge
Let’s face it, every workplace interaction, whether you’re closing a deal, navigating conflict, or simply asking for help, is a negotiation. You may not be talking down a bank robber, but your success often hinges [...]
Counting the Cost: When Compensation Misses the Mark
In labour disputes involving allegations of unfair dismissal or unfair labour practices, one of the key forms of redress available to an aggrieved employee is compensation. Where reinstatement is not feasible or appropriate, compensation may [...]
Gone Without a Word: How Employers Should Handle Unauthorised Absences
Few workplace disruptions frustrate employers more than an employee who simply does not show up for duty, particularly when the absence is uncommunicated and unauthorised. These situations are not only inconvenient but also raise important [...]