top of page


Dismissal: Banking Procedure
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.

Jonathan Goldberg
Mar 193 min read


Whistleblowers in South Africa: Employment Law, Recent Enquiries, and a Turning Point in Protection
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.

Grant Wilkinson
Mar 174 min read


Labour Court: Delay in Disciplinary Action NOT Governed by Prescription Act
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.

Jonathan Goldberg
Mar 113 min read


Private Note Sparks Court Battle Over Dismissal
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.

Jonathan Goldberg
Feb 263 min read


COSATU Calls Nationwide Protest Action on 26 February 2026: What Employers Need to Know
COSATU has announced protected protest action under Section 77 of the Labour Relations Act on 26 February 2026. Employers must understand employee protections, no work no pay rules, and operational risks. This guide explains legal obligations, payroll implications, and practical steps employers should take to manage protest-related disruption lawfully and effectively.

John Botha
Feb 175 min read


Competent Verdicts in Disciplinary Enquiries: When "Getting the Charge Wrong" Doesn't Mean Getting It Wrong
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.

Anndine Dippenaar
Feb 113 min read


How Appeals Process against Labour Court Ruling Unfolded
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.

Jonathan Goldberg
Jan 133 min read


Unfair Dismissal – Mental Health
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.

Jonathan Goldberg
Dec 9, 20253 min read


Ten Years at the CCMA: What the Numbers Tell Us—and Where Dismissals Are Heading Next
CCMA statistics, unfair dismissal trends, BCEA enforcement, NMWA referrals, South African labour disputes, CCMA caseload 2025, dismissal patterns SA, incapacity disputes, operational requirements terminations, automatically unfair dismissal, CCMA turnaround times, vulnerable worker sectors SA, private security referrals, labour dispute forecast, wage compliance enforcement, SA workplace justice, retrenchment processes, CCMA arbitration efficiency, labour relations trends SA,

John Botha
Dec 4, 20253 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


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


Workplace Relationships
Workplace romances aren’t banned in SA law, but fair policies on disclosure, conflicts, and conduct are vital for trust and compliance.

John Botha
Sep 17, 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


Labour Court Reviews Supervisor’s Dismissal Case for Inappropriate Comments
Labour Court rules on a supervisor’s dismissal for misconduct—fair outcome, but poor procedure leads to compensation. A key HR compliance case.

Jonathan Goldberg
Jul 1, 20252 min read


Navigating the Digital Minefield: A Framework for Assessing Sexual Harassment in the Modern Workplace
Assessing sexual harassment in digital workplaces requires intent, context, and power dynamics, not just policy checklists.

John Botha
May 27, 20255 min read


Dismissal – Security Procedure Breach and the Balance of Probabilities
Dismissal upheld after mineworker breached security policy; CCTV footage confirmed misconduct and justified termination.

Jonathan Goldberg
May 7, 20252 min read


Sexual Harassment in the Workplace: Lessons from Pioneer Foods (Pty) Limited vs CCMA
Insights from Pioneer Foods case on sexual harassment, workplace conduct, and fairness in disciplinary processes.

Jonathan Goldberg
Apr 2, 20252 min read


Safeguarding Trust: The Crucial Role of Qualification Verification in South African Workplaces
Qualification verification ensures trust and competence in SA workplaces. Learn about key laws safeguarding organisational integrity.

John Botha
Oct 22, 20242 min read
Latest News
bottom of page
