News Archive


Slam Dunks, Pizza, and Morality | Zothani Maseko

In the bustling streets of Newcastle, KZN, there was a household of six where young Zothani Maseko learned not just his ABCs, but the ABCs of life too. Thanks to teacher parents, there was love aplenty, but also lessons in ethics, morality, and the art of setting goals. The Maseko household’s core value? Character. Not [...]

September 22nd, 2023|Meet the Team|

Sustaining Employee Motivation

Upon reflection, it seems unreal how fast this year has progressed already. While spring is in the air, it also serves as a stark reminder that the last few months of the year will speed by in the blink of an eye. Consequently, as the year races towards its finish line, maintaining motivation among employees [...]

September 14th, 2023|General|

From Pixels to Practical Insight: How to Level Up Your Leadership (A Millennial Gamer’s Guide)

In contemporary leadership, one generation emerges as a force to be reckoned with. Millennials (aged 27 to 42 as of 2023), often portrayed as tech-savvy and unconventional, have swiftly ascended the ranks in various industries, bringing a unique perspective to the table. An intriguing aspect of this generation's rise to leadership is their shared affinity [...]

September 8th, 2023|General|

The empathy equation | Jasmyne Cloete

At the heart of Cape Town's bustling Northern Suburbs lies a universe filled with the love of family, the allure of the legal profession, and, of course, an affection for "The Big Bang Theory". In this universe is a shining star - Jasmyne Cloete, CEO's unassuming yet passionate administrator, whose journey from the classroom to [...]

September 7th, 2023|Meet the Team|

Navigating Premature Referrals, Specifically Dismissal Disputes

In the realm of South African labour law, the challenge of premature referrals in dismissal disputes has become a practical concern demanding careful consideration. Striking a balance between procedural adherence, determination of the dismissal date requirement, and efficient resolution processes is crucial. A premature referral occurs when an employee lodges a dispute with the relevant [...]

September 4th, 2023|Theme|

Safeguarding the Enforceability of Settlement Agreements

In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements. Understanding the boundaries of jurisdiction is paramount for employers. In this article, we delve into the crucial role of jurisdiction in settlement agreements, exploring its implications and offering insights to safeguard the [...]

September 4th, 2023|Theme|

The CCMA’s Jurisdiction Over Illegal Workers

From the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), or the Employment Equity Act (EEA). The CCMA cannot grant or [...]

September 4th, 2023|Theme|

Elevating Equity: Addressing Unfair Discrimination and Constructive Dismissal, Illuminated by Chetty v Baker McKenzie

In the ever-evolving landscape of labour law in South Africa, employers face the complex challenge of maintaining a workplace that is not only productive but also fair and inclusive. Alleged unfair discrimination leading to a possible constructive dismissal is an issue that demands the attention of employers. In this article, we will explore the issue [...]

September 1st, 2023|General|

Constitutional Court denies NEASA and SAEFA Leave To Appeal in major victory for SMMEs in the Metals Industry

In a pivotal ruling on 25 August 2023, the Constitutional Court dismissed the leave to appeal sought by NEASA and SAEFA. This follows the rejection of their previous appeals by both the Labour Court and the Labour Appeals Court. The issue at hand was NEASA's challenge against the decision of the Metal and Engineering Industries [...]

August 25th, 2023|General, Labour Relations Act|

The Long and Short of Short-Time

Short-time work, a strategic response to economic fluctuations, plays a pivotal role in South African labour law. This article aims to delve into the legal intricacies and practical considerations of short-time work, providing comprehensive guidance for employers and employees on effectively managing this arrangement. Short-time work entails a temporary reduction in employee working hours and [...]

August 24th, 2023|General|

More than just “there” | Wesley Lazarus

It's not every day that you meet someone whose favourite book is a World War II biography and who unabashedly admits his Spotify playlist is a "disaster zone". Meet CEO Dispute Resolution Official, Wesley Lazarus, a man whose journey from the East Rand in Gauteng to the complex world of labour law is as intriguing [...]

August 21st, 2023|Meet the Team|

I’ve been laid off… Am I suspended?

Short-time work and lay-off can be considered an alternative to retrenchment; this became more prevalent since the Covid-19 pandemic when employers were forced to re-evaluate their business operations, some still recovering three years later, with the added strain of load-shedding. South Africa experienced load-shedding for over two hundred days in 2023 alone, with only one [...]

August 14th, 2023|General|

When the Streetlights Shine | Edrich Fourie

Growing up in Ladybrand, moving later to Bloemfontein, young Edrich Fourie always knew one thing: when the streetlights came on, it was time to wrap up the games of cricket, rugby, soccer, or even the mischievous 'tok-tokkie' and head home. That adherence to rules laid the groundwork for a future filled with discipline, commitment, and [...]

August 10th, 2023|Meet the Team|

Think twice before lodging falsified grievances

The work environment is teeming with different personalities and opinions, and it is for this reason that one might encounter an issue with other Employees in the workplace. To combat these issues, a structured system must be implemented to address any concerns and complaints. For an Employee to address any concerns, it should be done [...]

August 7th, 2023|General|

Protecting your Business and your Employees – The Importance of Loyalty and Trust

In this article of our “Mind Your Own Business” series, we shift our focus to a crucial aspect that underpins a thriving and sustainable work environment - the importance of loyalty and trust in the employer-employee relationship. As a business owner, protecting your business interests goes hand in hand with safeguarding the livelihood of [...]

August 7th, 2023|General, Theme|

Protecting your Intellectual Property – Important lessons from the EOH Judgment

In our continuing our series, “Mind Your Own Business”, this article explores the crucial aspect of protecting your intellectual property (IP) in the workplace. Intellectual property encompasses intangible assets such as patents, trade marks, copyrights, designs and trade secrets, which are essential for maintaining a competitive edge in the market. The recent court matter [...]

August 7th, 2023|General, Theme|

The nexus between Restraint of Trade Clauses and Unlawful Competition – A Case Study

In our previous article, we emphasised the importance of proper employment contracts and highlighted the significance of including clauses relating to restraint of trade agreements – all aimed at adding an extra layer of protection for your business interests. In this article of our “Mind Your Own Business” series, we unpack the relationship between [...]

August 7th, 2023|General, Theme|

The importance of having proper Employment Contracts that include a focus on Restraint of Trade Clauses

As a business owner, protecting your business and its interests is paramount to ensuring long-term success in the competitive South African labour market. One of the crucial steps in achieving this goal is having comprehensive employment contracts in place. In this, the first article of our “Mind Your Own Business” series, we will explore [...]

August 7th, 2023|General, Theme|

What steps need to be followed upon receipt of the Trade Union demands?

It is common knowledge that trade unions are recognised within the 1996 Constitution of South Africa, which provides for the right to join trade unions and for unions to bargain collectively and have the right to embark on strikes (industrial action). These Constitutionals rights are further entrenched and expanded upon in the Labour Relations Act. While [...]

July 31st, 2023|General, Labour Relations Act, Theme|

The Great Balancing Act. Mastering the Risks and Rewards of AI in your Business

Decoding ChatGPT: Your new digital teammate, not a stand-in. Artificial Intelligence (AI) is the hot new hire in businesses worldwide, and if you're an ambitious entrepreneur in South Africa, you've likely caught on to the trend. Particularly in the realms of labour relations and legal affairs, AI has risen from novelty to necessity, promising [...]

July 31st, 2023|General|

Peat, Pressure, and People | Kenneth Lennox

Kenneth Lennox, a Dispute Resolution Official at Consolidated Employers’ Organisation (CEO), describes his upbringing in Bloemfontein with his supportive and loving parents, whose diligence infused in him a strong work ethic and the encouragement to always aim high. From this nurturing ground, Kenneth's journey led him to Lovius Block Attorneys, where his interest in labour [...]

July 28th, 2023|Meet the Team|

Caught in Suspension. The dilemma of awarding performance bonuses when there are evaluation hurdles

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 [...]

July 24th, 2023|Dismissal, General, Labour Relations Act|

Temporary Employment Services and Organisational Rights

Temporary Employment Services (TES) have become increasingly popular in South Africa due to their flexibility and cost-effectiveness. However, due to their unique nature, governing legislation such as the Labour Relations Act as well as various court judgments, also present unique challenges regarding workers' rights and employment conditions. Since TES’s pose a unique scenario, trade [...]

July 24th, 2023|General, Labour Relations Act, Theme|
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