Latest News

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.

Is a mutual separation agreement the same as retrenchment in South Africa? In WBHO Construction v Masenya (2026), the Labour Appeal Court ruled that a valid, voluntary separation agreement does not constitute dismissal. Learn when section 189 retrenchment procedures apply, why genuine consent matters, how severance agreements affect unfair dismissal claims and when bargaining councils lack jurisdiction.

Is a plea-bargain agreement binding on the chairperson of a workplace disciplinary hearing in South Africa? In SAPS v Mkonto, the Labour Appeal Court confirmed that plea agreements are permissible but do not bind disciplinary chairpersons when deciding an appropriate sanction. The judgment explains what should happen when an agreed sanction is rejected, when an employee should be allowed to withdraw a guilty plea, and how substantive and procedural fairness apply.

Can an employer’s treatment of sick leave amount to constructive dismissal in South Africa? In Lewis v CCMA and Others, the Labour Court found that accusations of sick leave abuse, questioning medical evidence without proper verification, reversing approved sick leave and withholding salary made continued employment intolerable. The employee was found to have been constructively and unfairly dismissed and was awarded compensation.

What are the key South African labour law issues employers should review in 2026? This practical guide covers recent case law, dismissals, disciplinary processes, Employment Equity, workplace policies, management decisions and emerging AI risks. It also explains how employers and HR teams can prepare for legal changes and make fairer, better-documented workplace decisions.

Can an employee be dismissed for insulting colleagues? This article examines the Labour Appeal Court's decision in Arunachellam v Woolworths, where a 28-year employee was reinstated because dismissal was found to be a disproportionate sanction. Learn what the judgment means for progressive discipline, long service, disciplinary codes, and unfair dismissal cases in South Africa.

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.