Law Resources

Whistleblowing simply put is the act of exposing illegal, unethical, or harmful activities within an organization. In South Africa, this critical role is safeguarded by the Protected Disclosures Act 26 of 2000 (PDA),

Employers may claim operational reasons as a basis for terminations as long as the reasoning is related to what may be considered a "similar need”.

Having an excellent service record does not save you from being fired or dismissed for serious misconduct.

How critical is a thorough investigation? A robust investigation is essential to build a strong case and to maintain fairness in the process.

The Department of Employment and Labour has published a new Draft Code of Good Practice on Dismissals. The Draft Code was gazetted in accordance with the Labour Relations Act (LRA) on 21 January 2025.

Guaranteed annual leave was never intended to act as a kind of piggybank available for employees to use in generating a lucrative cash pay-out when they quit the job.

Explore the principles of bumping in retrenchments, including horizontal and vertical bumping, and insights from South African Labour Appeal Court rulings on fair dismissal practices.

An employer may refuse to accept a resignation that is not compliant with notice requirements, but cannot refuse one that follows the contract or legal regulations.

An employer is not expected to endure an employee’s prolonged absence from work for incapacity due to ill health and it may, if it is fair in the circumstances, exercise an election to terminate the employment relationship.

In this article we address the age-old question of whether an aggrieved employee may be represented in litigation proceedings by any trade union. The question was finally answered by the Constitutional Court in its judgement delivered on the 21st day of June 2024

This article explores unequal pay and the legal complexities around a case of alleged unfair discrimination based on differences in remuneration between employees of the same employer performing the same or substantially the same work or work of equal value.

The submission of a fraudulent medical certificate to justify an employee’s absence from work is amongst one of the most common types of misconduct for which an employee may be summarily dismissed.