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.

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.

SA’s new Code of Good Practice on Dismissal modernises workplace discipline—flexible, fair, and future-proof for employers and employees.