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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 93 min read


Ghost Workers and Disciplinary Standards
LAC ruling and Draft Dismissal Code clarify that disciplinary hearings rely on practical fairness—not criminal trial standards.

Grant Wilkinson
Jun 44 min read


RESTRAINT OF TRADE: DIVERTING PATIENTS TO NEW PRACTICE
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Labour Appeal Court upholds restraint of trade against former employee who diverted patients to a new practice using confidential info.

Jonathan Goldberg
May 292 min read


Minimum Wage Compliance Alert: Employers Must Reassess Payment Structures
South African employers must reassess payment structures after the Labour Appeal Court's ruling on minimum wage calculations.

John Botha
Feb 242 min read
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