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Eskom Victory: Appeal Court Upholds "Pipeline" Shortlisting as Lawful Transformation Strategy
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.

John Botha
Nov 17, 20254 min read


Labour Appeal Court Rules Employee’s Insolence Bars Return to Work
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.

Jonathan Goldberg
Nov 12, 20252 min read


Van Wyk Post-Ruling: Navigating Compliance, Risk Management, and Implementation of South Africa’s New Parental Leave Framework
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.

Sue Singh
Nov 6, 20254 min read


Dismissal for absence during JailTime upheld
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.

Jonathan Goldberg
Nov 5, 20253 min read


Consequences of Swearing at Your Boss: Legal Principles and the Role of the Amygdala Hijack
Swearing at a boss may feel impulsive, but in South African labour law, emotional outbursts seldom excuse misconduct. The Labour Relations Act recognises verbal abuse toward senior leaders as gross misconduct and insubordination. Dismissal can be fair if trust breaks down and procedures are followed. While stress or provocation may mitigate, the law prioritises respect, discipline, and procedural fairness over emotional impulse.

John Botha
Nov 4, 20253 min read


Education officials’ sacking upheld after R2m ghost scam
The Labour Appeal Court in Gauteng Department of Education v GPSSBC [2025] ZALAC 2 upheld the dismissal of four officials linked to a R2 million ghost employee scam. Despite earlier reinstatement rulings, the LAC found the employees’ failure to safeguard or explain compromised login credentials made them accountable. The Court ruled the dismissals substantively and procedurally fair, reinforcing accountability in public-sector payroll and IT access control.

Jonathan Goldberg
Oct 29, 20253 min read


LAC upholds sanctity of agreed job descriptions
The Labour Appeal Court in IMATU obo Spangenberg v Overberg District Municipality [2024] ZALAC 56 reaffirmed that employers cannot unilaterally alter agreed job descriptions or bypass approved job evaluation systems. The LAC reinstated the arbitration award, finding the Labour Court exceeded its powers by directing the PAC to act outside its mandate. The ruling underscores the sanctity of job evaluation processes and the limits of managerial discretion in labour relations.

Jonathan Goldberg
Oct 21, 20252 min read


Prescription of an Arrear Wages Claim
The Labour Appeal Court in Potgieter v Samancor Chrome Ltd [2025] ZALAC 15 confirmed that an arrear wages claim only prescribes once reinstatement occurs, not when reinstatement is ordered. Since the employee’s claim was filed within three years of actual reinstatement, the Court found prescription properly interrupted. The ruling clarifies that reinstatement revives employment first before wages become claimable, protecting employees’ right to arrear pay recovery.

Jonathan Goldberg
Oct 14, 20253 min read


Annual Labour Law Update 2025: What South African Employers Need to Know
South Africa’s 2025 labour law landscape brings faster legal changes and stricter compliance demands. From new case law on dismissal and strikes to evolving Employment Equity reporting, pay transparency, and policy implementation standards, employers face higher stakes than ever. The Annual Labour Law Update 2025 helps HR, IR, and executives navigate these shifts with practical toolkits, curated case digests, and nationwide sessions to future-proof workplace policies and redu

GBS
Oct 9, 20253 min read


Landmark Judgment: Constitutional Court Confirms Equal Parental Leave for All Parents
The Constitutional Court’s landmark ruling in Van Wyk and Others v Minister of Employment and Labour transforms parental leave in South Africa. Declaring sections of the BCEA and UIF Act unconstitutional for discriminating against fathers, adoptive, and commissioning parents, the Court ordered immediate interim relief: any two parents can now share four months’ leave. Employers must urgently update policies, payroll, and contracts to ensure compliance and avoid unfair discrim

John Botha
Oct 8, 20254 min read


Solidarity v Minister of Employment and Labour (J661/23): Contempt Proceedings and the Implementation of Affirmative Action Settlement Agreements
Solidarity v Minister tests affirmative action compliance. Outcome may reshape SA’s Employment Equity Regulations and employer obligations.

John Botha
Sep 23, 20253 min read


DISMISSAL – OPERATIONAL REQUIREMENTS
A significant ruling, delivered on 29 August 2024, in the matter of UMICORE CATALYST SOUTH AFRICA (PTY) LTD V NUMSA AND OTHERS (PA3/23)...

Jonathan Goldberg
Sep 18, 20253 min read


The Cost of False Qualifications: New Legislative Measures to Combat Academic Fraud in the Workplace
SA's new laws target qualification fraud—employers must verify credentials or face legal and financial penalties. Are you prepared?

John Botha
Aug 6, 20253 min read


Employment Law Alert: Key Lessons from the Constitutional Court's Mavundla v Gotcha Security Judgment
Reinstatement delays cost millions. Learn what the Mavundla ruling means for employers failing to comply with CCMA and court orders.

Grant Wilkinson
Jul 30, 20253 min read


Employee Dismissed for Illegal Money-Lending Scheme Loses Court Battle
Dismissal upheld: Employee involved in illegal money-lending at work loses review bid despite claiming it was a stokvel under the NCA.

Jonathan Goldberg
Jul 30, 20253 min read


Employer Surveillance in South Africa: Navigating the Legal Landscape
Workplace surveillance in South Africa must balance legal compliance with privacy rights. Know your responsibilities under POPIA, RICA, and more.

John Botha
Jul 24, 20253 min read


Mental Health in the Workplace: Navigating Incapacity Dismissals When Depression and Anxiety Take Hold
Navigate mental health-related incapacity dismissals legally and compassionately. Key questions, risks, and employer obligations explained.

Anndine Dippenaar
Jul 23, 20253 min read


When Following Orders Becomes a Firing Offense: A Critical Examination of Workplace Power Dynamics and Legal Fairness
A recent court case questions if employees should be fired for obeying unlawful orders. Are power dynamics in the workplace fairly judged?

John Botha
Jul 15, 20253 min read


Off-Duty Misconduct in South African Employment Law: The Nexus Test and Employee Accountability
Off-duty misconduct can lead to dismissal in SA law. Learn how the nexus test, social media, and fairness standards impact employee accountability.

Grant Wilkinson
Jul 10, 20257 min read


Restraints of Trade in South Africa: What HR Leaders Need to Know in 2025
Understand how to craft and enforce restraint of trade clauses in South Africa to protect your business while staying compliant in 2025.

Anndine Dippenaar
Jul 9, 20254 min read
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