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2026 Employment Case Law Update

The past year has delivered consequential employment law judgments – from the Constitutional Court’s ruling on constructive dismissal to a pair of Labour Appeal Court decisions that draw the line between lawful affirmative action and unfair discrimination.

Employment Law Case Review: Crucial Updates and Insights

DATE: 29 October 2026

TIME: 10:00 – 13:00

PRICE: R850 per delegate (excl VAT)

Join us for a power-packed 3-hour webinar where we unpack ten landmark cases from the Constitutional Court, Labour Appeal Court and Labour Court, and translate them into practical strategies you can apply immediately in your organisation..

Why Attend?:

Decode the latest judgments with clear, practical takeaways.
Understand where the courts now draw the line on employment equity, off-duty conduct and sanction.
Gain insights that will help you avoid costly mistakes – including multi-million rand damages awards.
Turn legal risk into proactive governance strategies for your workplace.

Topics to be covered:

Resign in Haste, Lose the Case – The Constitutional Court reaffirms the strict test for constructive dismissal.

A change in reporting lines, on its own, does not make continued employment intolerable. Employees who resign without first exhausting internal remedies do so at their peril.
Maleka v Boyce N.O. and Others (Constitutional Court, 24 February 2026)

Transformation Has Limits – Ad hoc equity decisions without an employment equity plan amount to unfair discrimination.

Excluding the top-scoring candidate solely on the basis of gender, with no EE plan in place, cost the employer more than
R4.5 million in damages.
Moses Kotane Institute v Mzimele and Another (Labour Appeal Court, 26 May 2026)

Equity Done Right – When a recruitment 'pipeline' for designated groups is a lawful affirmative action measure.

The Labour Appeal Court overturns the Labour Court and confirms that a rational, plan-aligned measure to advance under-represented groups is not an unlawful absolute barrier.
Eskom Holdings SOC Ltd v Solidarity obo Erasmus (Labour Appeal Court, 5 November 2025)

Off-Duty, Off-Limits? – Off-duty misconduct does not automatically justify dismissal, even in positions of public trust.

An arrest for drunk driving outside working hours is not workplace misconduct unless the employer proves a clear link to the employment relationship.
IMATU obo Sauls v City of Cape Town and Others (Labour Court, 22 January 2026)

Guilty ≠ Dismissed – A finding of guilt is only half of the fairness enquiry.

Twenty-eight years of clean service and a single lapse in language: why dismissal was too harsh and a final written warning was the appropriate sanction.
Arunachellam v Woolworths (Pty) Ltd (Labour Appeal Court, 1 June 2026)

Unfair Dismissal, No Reinstatement – When the employment relationship is too broken to repair.

Gross insolence and personal attacks on senior management can render reinstatement inappropriate, even where the dismissal itself was unfair.
CCI Call Centres (Pty) Ltd v Pinn (Labour Appeal Court, 17 April 2025)

Poor Performance or Misconduct? – 'Did they try but couldn't, or could they but didn't?'

Unattainable targets, a depleted team and an extreme workload point to incapacity, not negligence. Get the label wrong, and the warning falls.
Samson v CCMA and Others (Reach Summit) (Labour Court, 14 January 2025)

Sign or Be Retrenched? – Refusing new restraint of trade terms is not an 'operational requirement'.

Employers must prove a genuine economic need and consult meaningfully before dismissing an employee who declines to accept amended contractual terms.
Oily SA (Pty) Ltd v Cholokh and Others (Labour Court, 6 May 2025)

Data Out the Door – Protecting confidential information when employees leave to join a competitor.

Over 1 000 documents downloaded in a single weekend before resigning: the Labour Court’s interdict and costs order send a clear message on fiduciary duties.
G4S Deposita (RF) (Pty) Ltd v Harmse (Labour Court, 5 November 2025)

New Contractor, Same Business – When a change of service provider triggers section 197.

Losing a tender may mean losing the business, but not the employees: the Labour Appeal Court confirms the automatic transfer of staff to the incoming contractor.
Electro Hydro World (Pty) Ltd v Murray and Roberts Cementation (Pty) Ltd and Others (Labour Appeal Court, 27 November 2025)

Knowledge is Power – Don’t miss your chance to future-proof your workplace practices with insights from this year’s most impactful cases.

PLEASE NOTE: No recordings available. Slides are available to attending delegates. Fees are charged per delegate and not per screen.