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Labour Appeal Court Clarifies the Difference Between Procedural and Substantive Unfairness
Can a dismissal be procedurally unfair but substantively fair in South Africa? The Labour Appeal Court's 2026 ruling in Universal Product Network v Mbatsana confirms that procedural defects do not automatically invalidate a fair reason for dismissal. Discover how the Court distinguished procedural and substantive unfairness, overturned the reinstatement of more than 250 employees and upheld the CCMA's original compensation award.
Jonathan Goldberg
6 days ago3 min read
Process Doesn’t Start at the Hearing: It Starts at the First Conversation
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
Grant Wilkinson
May 273 min read
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