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Latest News

Call centre employee working with a headset in an office, representing lawful employment, refugee work rights, immigration status requirements, and employer compliance with South African labour law.

Call centre employee working with a headset in an office, representing lawful employment, refugee work rights, immigration status requirements, and employer compliance with South African labour law.

Court Finds Refugee Status Lapse Made Continued Employment Unlawful

Can an employee be dismissed if their refugee status or legal authorisation to work in South Africa expires? In Muyulenu v Global Telesales, the Labour Court found that continued employment would have been unlawful under the Immigration Act. Although the CCMA Commissioner committed a gross irregularity during arbitration, the Court ultimately found the employee’s dismissal procedurally and substantively fair.

Jonathan Goldberg

Sep 23 min read

Two men standing behind jail bars symbolizing South African labour law principles where dismissal for absence during imprisonment was upheld by the court.

Two men standing behind jail bars symbolizing South African labour law principles where dismissal for absence during imprisonment was upheld by the court.

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

Stressed businesswoman sitting at her desk with hand on forehead, symbolising the emotional toll of workplace mental health challenges such as depression and anxiety.

Stressed businesswoman sitting at her desk with hand on forehead, symbolising the emotional toll of workplace mental health challenges such as depression and anxiety.

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

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