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Can an employee be dismissed for calling a manager a “white racist” in South Africa? In CSAAWU obo Qomoyi v CCMA and Others, the Labour Appeal Court found that the words were not automatically racist and had to be assessed in their full workplace, social and historical context. The Court found the dismissal substantively unfair and ordered retrospective reinstatement.

Can employers accept a traditional healer's medical certificate for sick leave? This article explains South Africa's current legal position under the Basic Conditions of Employment Act (BCEA), the Traditional Health Practitioners Act, the Kievits Kroon judgment, the Judge Lekale incapacity tribunal, and what employers should know about incapacity, cultural accommodation, discrimination, and traditional healer certificates.

Can an employer refuse to appoint a candidate to meet Employment Equity targets? This article examines the Labour Appeal Court's decision in Eskom Holdings SOC Ltd v Solidarity obo Erasmus, explaining why Eskom's affirmative action measures and pipeline strategy were upheld, how lawful affirmative action differs from unfair discrimination, and what the judgment means for employers implementing Employment Equity plans.

Does a CCMA settlement agreement prevent an employee from pursuing further legal claims? This article examines the Labour Appeal Court's decision in Moropene v Competition Commission of South Africa, explaining when a settlement is considered full and final, how courts interpret settlement agreements, and what employers and employees should know before resolving dismissal disputes.

Can an employee be dismissed for insulting colleagues? This article examines the Labour Appeal Court's decision in Arunachellam v Woolworths, where a 28-year employee was reinstated because dismissal was found to be a disproportionate sanction. Learn what the judgment means for progressive discipline, long service, disciplinary codes, and unfair dismissal cases in South Africa.

Can an employer dismiss someone after they continue working beyond retirement age? This article explains the Constitutional Court’s split judgment on age-based dismissal, tacit extensions, automatically unfair dismissal, and the risks of poor retirement planning. Learn why employers need clear policies, early engagement, consistent practice, and written post-retirement agreements.

Can a WhatsApp message cost an employee their job? This article examines two 2026 Labour Court decisions that reached different outcomes, explaining when workplace WhatsApp messages justify dismissal, how proportionality is assessed, and what employers should include in their disciplinary and social media policies to reduce CCMA risk.

The Labour Appeal Court reaffirmed that condonation for late referrals is not automatic under South African labour law. In Aspen Holdings v Phelane, the Court ruled that applicants must provide a full explanation for every period of delay, regardless of the merits of their case. The judgment highlights the importance of complying with statutory timeframes, proper legal procedure, and the strict principles governing condonation applications in dismissal disputes before the Lab

The Constitutional Court’s Van Wyk judgment has transformed parental leave in South Africa, requiring employers to review leave policies, HR processes, and payroll systems. The new interim framework provides more equitable parental leave rights for biological, adoptive, and commissioning parents while reducing discrimination risks. Employers should act now to ensure compliance with the BCEA, strengthen workforce planning, and prepare for future legislative amendments.

Can a restraint of trade still apply after dismissal? This article explains the Labour Appeal Court ruling in Backsports v Motlhanke, where the Court confirmed that restraint agreements remain valid after employment ends, unless fraud or bad faith is proven. Learn what the judgment means for employers seeking to protect clients, staff, goodwill, and business assets.

Is your organisation prepared for COSATU’s protected nationwide protest action on 19 June 2026? Learn what Section 77 of the Labour Relations Act means for employers, including no-work-no-pay rules, employee participation rights, essential services obligations, workforce planning, picketing considerations, and strike preparedness strategies.

Can employees be dismissed for WhatsApp messages sent to colleagues? The Labour Court's decision in Weir Minerals Africa v NUMSA confirms that workplace communications which intimidate employees or discourage reporting misconduct can justify dismissal. Learn how the Court assessed the meaning of “impimpi”, the role of remorse, reinstatement, and the fairness of dismissal under South African labour law.

Can an employee be dismissed for failing to disclose a disciplinary record during a promotion interview? Learn how the Labour Court ruled in Hlangana v South African Local Bargaining Council, why misrepresentation was considered serious misconduct, and what the case means for employers, recruitment processes, workplace integrity, and trust-based employment relationships.

MLLU BotBuddy 2026 is a labour law AI assistant built for South African employers, HR professionals, ER practitioners, and legal teams. Trained on labour law update content and South African case law from 2023 onward, it helps users search cases, generate policy clauses, create compliance checklists, and support disciplinary and workplace processes. Delegates attending the Mid-Year Labour Law Update 2026 receive exclusive six-month access.

South African labour law generally requires precautionary suspension to remain on full pay. But recent Labour Court rulings confirm that employers may convert suspension to unpaid where employees deliberately delay disciplinary hearings through postponements, sick notes, or abuse of process. Learn what the law says and what employers should document.

The Mid-Year Labour Law Update 2026 gives South African employers a clear view of key legal developments, case law, and compliance risks from the first half of the year. Learn how to adjust policies, strengthen processes, and prepare for emerging workplace challenges before they escalate.

When does one incident justify multiple disciplinary charges? This article explains the legal test for splitting charges in South African labour law, with key case insights on fairness, evidence, and how employers should draft defensible charges.

A Labour Appeal Court ruling involving Standard Bank clarifies when negligence and failure to follow internal policies justify dismissal. The case highlights the importance of clear procedures, employee accountability, and the duty of honesty and fidelity expected in the financial services industry.

South Africa’s whistleblower framework is under growing pressure to evolve. This article explores how the Protected Disclosures Act and Labour Relations Act interact in the workplace, why current protections are seen as inadequate, and how proposed reforms may expand employer duties, strengthen anti-retaliation measures, and reshape whistleblowing as a core governance and employment law issue.

A landmark Labour Court ruling clarifies that the Prescription Act does not apply to internal disciplinary proceedings. Employers may discipline historical misconduct, although unreasonable delays may still affect procedural fairness and CCMA outcomes.