A service provider receives an uncomfortable instruction from one of its clients: “We no longer want this employee on our premises.” The reason may be alleged misconduct, poor performance, a breakdown in the relationship, or simply that the client no longer wants to work with that particular employee. From a commercial perspective, the employer’s dilemma [...]
Constructive dismissal is often misunderstood by both employers and employees. Unlike a conventional dismissal, the employer does not expressly terminate the employment relationship. Instead, the employee resigns, alleging that the employer's conduct, or failure to act, made continued employment so intolerable that resignation became the only reasonable option. Section 186(1)(e) of the Labour Relations Act [...]
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 [...]
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 [...]
Introduction This article considers the Labour Court of South Africa judgment in CIPLA v Mwale & Others (C424/24) [2026] ZALCCT 22 (“Mwale”). The case addresses the fairness of dismissals arising from the enforcement of zero-tolerance alcohol policies, with particular focus on the evidentiary burden placed on employers. It highlights a critical issue: whether a positive [...]
The recent judgments in Sayiti v Sun International Management Limited (JS1019-16) [2023] ZALCJHB 104; (2023) 44 ILJ 1613 (LC) (17 January 2023) and Sun International Management Limited v Sayiti (JA13-23) [2024] ZALCJHB 411 (21 October 2024) present crucial insights for employers navigating the sensitive interplay between operational needs and religious accommodation in the workplace. Initially, [...]
One condition of a valid agreement is consensus between parties to the agreement. The Labour Court echoed these sentiments in Motor Industry Staff Association and Another v Eastvaal Motors (Pty) Ltd (JS927/2019) [2024] ZALCJHB 256 (17 July 2024), where a dispute surrounding the implications of transferring a business or part thereof was considered. The case [...]
In this case, the Respondent argued that the individual Applicants were dismissed for allegedly intimidating their colleagues into joining the Association of Mineworkers and Construction Union (AMCU). On the other hand, AMCU claimed that the five members were dismissed around 31 August 2016 for simply exercising their rights by joining the union and encouraging others [...]
The Labour Court of South Africa recently delivered an interesting judgment on 29 April 2024, in the case of SACCAWU obo Dlamini v Commission for Conciliation, Mediation and Arbitration and Others (JR2281/21) [2024] ZALCJHB 180 (29 April 2024). This case presents important lessons for employers regarding the fair treatment of employees during disciplinary processes and [...]
In the recent case of Moraka / Road Accident Fund (2023), 32 CCMA 6.7.4 also reported at [2023] 7 BALR 786 (CCMA), it was determined that although the employee was suspended and their performance could not be evaluated, that did not mean they were automatically entitled to a performance bonus. The Applicant was a [...]