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Is a plea-bargain agreement binding on the chairperson of a workplace disciplinary hearing in South Africa? In SAPS v Mkonto, the Labour Appeal Court confirmed that plea agreements are permissible but do not bind disciplinary chairpersons when deciding an appropriate sanction. The judgment explains what should happen when an agreed sanction is rejected, when an employee should be allowed to withdraw a guilty plea, and how substantive and procedural fairness apply.

Can an employee be automatically dismissed for testing positive for alcohol under a zero-tolerance workplace policy? In Cipla Distribution Gateway v Mwale, the Labour Court upheld a CCMA reinstatement award and confirmed that a positive breathalyser result alone does not remove the requirement to assess fairness. The case highlights impairment, breathalyser reliability, confirmatory testing, proportionality and individual circumstances when determining whether dismissal is fa

What are the key South African labour law issues employers should review in 2026? This practical guide covers recent case law, dismissals, disciplinary processes, Employment Equity, workplace policies, management decisions and emerging AI risks. It also explains how employers and HR teams can prepare for legal changes and make fairer, better-documented workplace decisions.

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.

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 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.

How does B-BBEE support youth and women empowerment in South Africa? This article explains why inclusive growth is a business strategy, how organisations can build meaningful empowerment programmes, strengthen leadership pipelines, align with B-BBEE objectives, and create lasting transformation through skills development, mentorship, and workplace opportunities.

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

How can employers win disciplinary cases at the CCMA? This article explains why disciplinary enquiries must be managed with arbitration in mind, covering investigations, charge formulation, procedural fairness, substantive fairness, evidence preparation, witness management, and CCMA readiness under South African labour law.

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.

In South African labour law, disputes often begin before a disciplinary hearing reaches the CCMA. Section 188 of the Labour Relations Act requires employers to prove both substantive and procedural fairness. Delays, inconsistent treatment, weak documentation, and poor communication increase legal risk. The 2025 Code of Good Practice on Dismissal highlights early intervention, fair process, and proper employee engagement as essential tools for reducing workplace disputes and c

Understand the difference between absenteeism, abscondment, and desertion in South African labour law. Explore how the 2025 Code of Good Practice on Dismissal guides employers on desertion policies, tracing employees, procedural fairness, dismissal processes, and defensible workplace decisions.

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.

Can an employee stop a disciplinary hearing with a doctor’s note? This article explains South African labour law on sick notes, postponements, hearsay evidence, and in absentia hearings. It unpacks key cases showing why a certificate saying “unfit for work” may not be enough to justify non-attendance at a disciplinary enquiry.

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.

The new Code of Good Practice: Dismissal (2025) builds on Schedule 8 but introduces a more structured approach to misconduct cases. This article explains how to determine guilt, assess sanction, apply consistency, and evaluate trust, harm, and fairness in disciplinary processes under South African labour law.

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.