Law Resources

In this episode of our "What If" series, we explore a critical Labour Appeal Court decision that highlights the importance of context in employment law, specifically in cases involving colourful language.

In this episode, Ross Simon from Maserumule Corporate Employment unpacks a recent Labour Court decision where a bakery manager was dismissed for posting a provocative Bible verse during a period of xenophobic tension at his workplace.

Drawing on the recent Labour Court judgment in Mqulwana v CCMA & Others, we explore a case where an employee was dismissed — not for being sick — but for repeatedly failing to notify his line manager of his absence. Despite holding a valid medical certificate, the Court upheld his dismissal as substantively fair.

In this episode, we unpack what happens when an employee objects to an external chairperson or initiator in a disciplinary hearing, and what the recent NUMSA v Denel Labour Court judgment means for your workplace disciplinary process.

In this episode of our What If series, we examine a significant Labour Court judgment dealing with disability accommodation, dignity, psychological integrity, and the limits of managerial prerogative. The answer comes from Solidarity obo Riaan Nel v National Metrology Institute of South Africa.

In this episode of our What If series, we unpack a recent and enlightening Labour Court judgment: Mpact Operations (Pty) Ltd v Metal and Engineering Bargaining Council and Others. We explore the case of a long-serving employee dismissed in 2022 after a single roll of toilet paper was found in his bag during a routine search. Brought to you by Ross Simon - LLB, BCom (Law), Admitted Attorney, Legal Advisor from Maserumule Corporate Employment Law For more articles and corporate employment law resources visit our website at www.masconsulting.co.za

Using the Labour Court’s 2025 judgment in Mediclinic Nelspruit (Pty) Ltd v Shiba and Others, we explore how fraternization and a consensual relationship became misconduct after one party continued unwanted contact, ignored boundaries, and defied management instructions.

In this episode of What If, Ross Simon from Maserumule Corporate Employment Law explores how South African employment law treats substance dependency in the workplace. Is it misconduct — or incapacity? We unpack the recent Labour Court case PSA obo Randolph van Wyk v Department of Social Development, which clarifies the employer’s duty to respond with understanding and support rather than punishment. Key takeaways: - Recognising alcoholism as a disease that may cause incapacity - Following a fair incapacity process instead of discipline - The importance of documentation and counselling before dismissal Tune in for practical, legally grounded insights to help employers manage these sensitive cases correctly. Brought to you by Ross Simon Maserumule Corporate Employment Law For more articles and corporate employment law resources visit our website at www.masconsulting.co.za

In this episode of the What If discussions, we examine how defamation law intersects with workplace investigations — a growing concern in South African employment relations. Drawing on the High Court judgment in Manqele v Baloyi Masango Inc Attorneys and Others, the discussion unpacks when negative findings in an investigation report may cross into defamation, and what legal safeguards — such as qualified privilege and good faith — protect employers, investigators, and attorneys. A concise and insightful exploration for HR professionals, legal practitioners, and anyone managing workplace discipline or reputational risk. Brought to you by Ross Simon Maserumule Corporate Employment Law For more articles and corporate employment law resources visit our website at www.masconsulting.co.za

In this episode, we unpack the Labour Court’s decision in Bombela Operating Company v CCMA - clarifying when precautionary suspension is fair, when it’s not, and what both employers and employees should know. Brought to you by Ross Simon Maserumule Corporate Employment Law For more articles and corporate employment law resources visit our website at www.masconsulting.co.za

In this discussion of our What If series, we unpack a critical question in employment law: What if your supervisor orders you to engage in dishonest conduct — can dismissal be fair? Join us as we explore the Labour Court’s ruling in Mbuyane v Dekker NO and Others. This judgment highlights key workplace principles: - “Just following orders” is not a defence. - Integrity and trust are non-negotiable. - Dishonesty, even short of fraud, can justify dismissal. - Whistleblowing and safe reporting channels are vital. Listen in to learn why integrity must prevail over unlawful instructions — and what this means for both employers and employees.

In this episode of the What If series, we unpack a real Labour Appeal Court case that tested the boundaries of insubordination, dishonesty, and the principle of “obey now, grieve later.” Discover why long service is not always a shield, how dishonesty can break trust, and why context matters in disciplinary cases. Hear the latest podcast brought to you by Ross Simon from Maserumule Corporate Employment Law