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.

Annual Employment Conference 2026 brings together HR, ER and business leaders to unpack how artificial intelligence, labour law reform, productivity pressure and governance risk are reshaping the workplace. The event focuses on practical implementation, defensible decision-making, workforce capability and building trust in a rapidly evolving employment landscape.

The Labour Court reviewed a dismissal dispute involving a private note written during disciplinary proceedings, emphasising that arbitration awards cannot rely solely on documents without properly tested evidence. The judgment reinforces procedural fairness and evidentiary standards in CCMA dismissal cases.

As technology and workplace expectations shift, poor performance dismissals are becoming more complex. Recent South African labour law cases highlight how employers must correctly distinguish between incapacity, misconduct, and underperformance, apply fair PIP processes, and ensure procedural compliance to avoid unfair dismissal findings.

Zulu Nyala v Beukes clarifies that Section 20 of POPIA imposes ongoing obligations on employees who access personal information. Post-employment misuse of client data can lead to interdicts and legal action. Employers must strengthen confidentiality clauses, access controls, POPIA training, and exit procedures to prevent data breaches and protect commercial information.

In Sourceworx v Datacentrix, the Gauteng High Court ruled that without a proper restraint of trade, an employee’s right to choose their employer cannot be limited by inter-company agreements. The Court rejected attempts to enforce no-poaching undertakings, emphasising constitutional rights, public policy, and the need for a legitimate protectable interest.

South African labour law recognises competent verdicts in disciplinary enquiries, where an employee may be found guilty of misconduct not precisely reflected in the charge sheet. The decisive test is prejudice: whether the employee understood the factual conduct, had a fair opportunity to defend themselves, and would not have defended differently. This article unpacks leading cases and offers practical guidance for HR and chairpersons on substance over form.

In De Weijer v Babcock Africa Services, the Labour Court confirmed that a retrenchment during the COVID-19 downturn was substantively and procedurally fair. The judgment highlights how operational necessity, role redundancy, consultation, disclosure of financial information, and limits on bumping are assessed under section 189 of the Labour Relations Act.

The Labour Court has ruled that dismissing an employee for seeking alternative work violates constitutional rights. Grounded in Section 22 of the Constitution, this judgment warns employers that non-solicitation clauses restricting job-hunting are unenforceable. The article explores why trust and culture matter more than control, and how proactive retention tools outperform punitive contracts.

The Labour Appeal Court confirmed the fair dismissal of 19 employees involved in strike-related misconduct at Polyoak Packaging, clarifying how interdict breaches, video evidence, and consistent disciplinary standards influence dismissal disputes.

Vodacom v Makate (“Please Call Me”) reshapes South African review law. The Constitutional Court held that decision-makers must properly consider material issues and give adequate reasons; process defects can justify setting aside awards even if outcomes seem reasonable. It confirmed three review routes for CCMA awards: LRA s145, s145 read with Constitution s34, and direct reliance on s34. Matter sent back to the SCA.

The Labour Appeal Court overturned a ruling that an ethical hacker at Sanlam was constructively dismissed, finding he resigned voluntarily and had not proven intolerable working conditions. Mental-health arguments raised only at review were rejected, with the Court confirming that incapacity and constructive dismissal must not be conflated. The CCMA’s original finding was restored, offering clarity on mental-health claims in dismissal disputes.

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The Labour Appeal Court in SACCAWU v Putini re-affirmed that labour disputes must be resolved swiftly and that unions and employers may not abuse procedural rules to delay justice. After years of litigation over a 2010 dismissal and a CCMA reinstatement award made an order of court under section 158(1)(c) of the LRA, the LAC upheld the appeal but confirmed the employee’s right to reinstatement and ordered SACCAWU to pay costs.

The Labour Appeal Court has upheld Eskom’s “pipeline” shortlisting policy as lawful under the Employment Equity Act. The Court found that prioritising designated groups for senior roles to advance transformation does not constitute unfair discrimination, provided it’s rational, flexible, and not an absolute barrier. This ruling clarifies that preferential recruitment may form part of legitimate employment equity strategies aligned with constitutional principles.

The Labour Appeal Court in CCI Call Centres (Pty) Ltd v Pinn [2025] ZALAC 24 upheld an employee’s dismissal for gross insubordination and insolence after he refused to process payroll codes and insulted the CFO. The Court ruled reinstatement inappropriate due to the breakdown of trust, criticising the Labour Court for re-hearing the case instead of applying the reasonableness test. The Arbit­rator’s one-month compensation award was reinstated.

The Constitutional Court’s Van Wyk judgment reshapes South Africa’s parental-leave framework under the BCEA and UIA, requiring equal treatment for all parents and prompting major compliance, cost, and policy challenges. Employers must now reassess paid-leave benefits, align with interim provisions effective 3 October 2025, and balance equity with sustainability through lawful consultation, capped-benefit models, and strategic HR planning.

The Labour Court in Ndzeru v Transnet National Ports Authority [2023] ZALCCT 11 upheld the dismissal of an employee jailed for attempted hijacking. Absent for over seven weeks, the worker was dismissed for incapacity after bail was twice denied. The Court ruled the process fair, noting union representation and no duty for a post-dismissal hearing in incarceration cases. The judgment affirms operational fairness and employer rights where absence stems from imprisonment.