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 [...]
Shaping Borders. Inside South Africa’s new migration framework
The South African government has implemented one of its most significant changes in its labour and migration policy framework in recent years. The persistently alarming unemployment levels and growing public concerns over the use of [...]
Use it or lose it – Not just the leave days but your wellbeing as well.
As every employer would be aware, the Basic Conditions of Employment Act (BCEA) prescribes a minimum number of leave days that an employee is entitled to in a 12-month or yearly cycle. When writing about [...]
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 [...]
Broken Trust
The trust relationship in the context of an employment relationship between an employer and employee is derived through the Common Law of Contract and the fiduciary duty between the parties. Where the conduct of the [...]
Lessons from Legal Precedents: When Duty Sleeps
The Labour Court in Clicks Retailers (Pty) Ltd v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 (14 March 2023) defines dereliction of duty as a misconduct in which an “employee willfully, wantonly or negligently [...]
A Modern Approach to Conducting Effective Interviews
The modern workplace has undoubtedly and significantly evolved in recent years and so have the corresponding recruitment processes and practices to align with contemporary needs. Despite this continuous development and evolution, one aspect of the [...]
When to Hang Up the Gloves
Retirement has traditionally been viewed as a well-earned break from the daily demands of work; however, delaying retirement can lead to significant legal and financial consequences. This is evident in the recent Constitutional Court case, [...]
The Truth About “Employee Engagement”
Employee engagement isn’t just a buzzword; it’s the heartbeat of a thriving workplace. Yet, despite countless initiatives and mandatory engagement, many businesses still struggle to keep employees motivated and fulfilled. Why? Because engagement isn’t about [...]
Clocked In but Zoned Out
For most employers, workplace misconduct is easy to identify - fraud, theft, gross insubordination, etc. But what about an employee who spends hours scrolling through social media, taking extended smoke breaks, or running personal errands [...]
Reviewing the Prospects of Review
When finding your way through the often-intricate maze of labour disputes, arbitration awards can sometimes leave one or both parties feeling dissatisfied. In some cases, the decision rendered by the commissioner might be perceived as [...]
How Much Is Too Much
Employers often grapple with resignations given with too little notice or, more dramatically, resignations effective immediately. Less commonly discussed, however, is the situation when an employee tenders a resignation with more notice than required by [...]
On the Rocks: Alcohol Related Misconduct Versus Addiction in the Workplace
Employers in South Africa encounter a significant uphill battle when it comes to alcohol related offences in the workplace. From being required to prove breathalyser calibration information and stringent testing methods to observation reports. Employers [...]
Fishy Business
Resignation or Dismissal? The question of whether an employee resigned or was dismissed is a frequent point of contention at the CCMA. In many cases, the employee insists they were dismissed, while the employer maintains [...]