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Assessing Intolerability to Determine an Appropriate Remedy for Unfair Dismissal

Assessing Intolerability to Determine an Appropriate Remedy for Unfair Dismissal

October 22, 2026 | Articles

Explore how South African labour courts assess intolerability when deciding remedies for unfair dismissal, ...

Reinstatement Denied: The Labour Appeal Court Affirms That Broken Trust Bars Return to Work

Reinstatement Denied: The Labour Appeal Court Affirms That Broken Trust Bars Return to Work

September 15, 2026 | Articles

The Labour Appeal Court confirms that reinstatement is not automatic after unfair dismissal. Explore how broken ...

Employing Foreign Nationals: Major Changes On The Horizon

Employing Foreign Nationals: Major Changes On The Horizon

August 12, 2026 | Articles

South Africa’s Employment Services Amendment Bill 2026 introduces stricter rules for employing foreign nationals, ...

Comply now – Complain later: A Labour Appeal Court Lesson on Insubordination and Fair Sanctions

Comply now – Complain later: A Labour Appeal Court Lesson on Insubordination and Fair Sanctions

July 24, 2026 | Articles

The Labour Appeal Court's decision in Department of Correctional Services v TD Kutu serves as a stark reminder ...

Beyond Operational Needs – The Real Motive Behind the Retrenchment

Beyond Operational Needs – The Real Motive Behind the Retrenchment

June 25, 2026 | Articles

Retrenchments are among the most carefully scrutinised forms of dismissal in South African labour law. The Labour ...

A Chocolate Bar and a Claim of Dismissal: The Labour Court Clarifies When a Resignation Is Final

A Chocolate Bar and a Claim of Dismissal: The Labour Court Clarifies When a Resignation Is Final

May 25, 2026 | Articles

When does a resignation become legally binding? Can an employee who verbally resigns complete with an apologetic ...

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Articles Archive

Performance Pressure, Fairness And Disciplinary Action In The Workplace

The Cost Of Hiding A Dismissal Under The Guise Of Retrenchment

Ten Years on a Tightrope – The Risk of Suspended Dismissal for Dishonesty

Understanding gross negligence and when it justifies dismissal

The Peeping Tom

Sleeping on duty and the boundaries of reasonableness

Performance Pressure, Fairness And Disciplinary Action In The Workplace

Dismissal for the use of a cell phone at work

Mental health in the workplace – A call to action for business

Protected Disclosure – Whistleblowing and the Legal Protections in South Africa

Broadening the scope of operational requirements

You Might Be Fired Even After Decades of Flawless Service

How critical is a thorough investigation when dealing with a misconduct incident?

Draft Code Of Good Practice on Dismissal 2025

Annual Leave – use it or lose it

The concept of bumping in retirement explained

Withdrawal of resignation – If you are out, you are out

Must an employer tolerate an employee’s prolonged absence from work for incapacity due to ill health?

Update – Union Representation in Litigation Disputes

Does Unequal Pay For Equal Work Automatically Amount To Discrimination?

A Word of Caution: Suspicious Medical Certificates

Into the Abyss with Cannabis

An Update on the New BCEA Leave Provision

Groundbreaking Judgment on Cannabis in the Workplace

What is the National Minimum Wage in South Africa 2024

Implications Of Extra Public Holiday In December

Landmark Ruling: High Court Declares Parental Leave Provisions Unconstitutional

Is there an obligation on an employee to disclose previous convictions when appointed?

To consult or not to consult: Restructuring various unions

Employment Equity Amendment Act 4 of 2002

Derivative misconduct in a strike context analysed by the Constitutional Court

Temporary Employment Service (Labour Broker) or Independent Contractor?

Is compensation available to Employees if they suffer an injury, illness or death as a result of a SAHPRA-approved Covid-19 Vaccine?

Is Commission Included in the Calculation of the National Minimum Wage?

Into the Abyss with Cannabis

Dismissal of employees who carry ‘weapons’ while striking

Further developments on resignation “WITH IMMEDIATE EFFECT”

The deeming provision: Temporary employment services

ConCourt Judgments in 2018 on race-related misconduct

No representations before suspension, says ConCourt

Labour laws amendment bill signed into law by president Ramaphosa

National minimum wage bill will be signed into law by president Ramaphosa

Employees can no longer unilaterally resign with immediate effect

Damages for referring to an employee as “a female employment equity” candidate

Is your organisation ready for POPI?

The basic conditions of Employment Amendment Bill

The Labour Laws Amendment Bill

The Labour Laws Amendment Bill

Can an employee get dismissed fairly for racial profiling? Not Always

Failure To Prosecute Reviews Timeously

Equal Pay For Work of Equal Value: Less Pay For Newly Appointed Employees?

Can an employee get dismissed fairly for referring to a fellow employee as a “swartman”? : Not always

Medical certificates from traditional healers

Failure to prosecute reviews timeously

Equal pay for work of equal value: Less pay for newly appointed employees?

“Do you want a lover tonight?” Found to be more than just trying his luck – The Labour Appeal Court’s Review

The Employment Services ACT

Here comes POPI

The LRA Amendments have been implemented – finally!

The Employment Equity ACT – Key Changes

Vapes and E-cigarettes in the Workplace

LRA Amendments – Yet more delays and uncertainty

Employment Services Bill (‘ESB’)

The Employment Equity Bill – Key Changes

Accommodating cultural beliefs and indigenous customs

Premature termination of Fixed-Term Contracts: Employers Beware

Addressing non-compliance with the BCEA – how the proposed amendments seek to address the problem

Amendments to Labour Relations Act (‘LRA’)

Highlights of the BCEA Amendment Bill

Procedural fairness in terms of the New CCMA Guidelines for Misconduct Arbitration

Substantive fairness in terms of the new CCMA guidelines: misconduct arbitration

Fiduciary Duties In The Absence Of An Employment Contract: Some Financial Implications

Value-based decision-making in employment

Affirmative Action: where the law stands at present

When do independent contractors become employees?

Employee privacy: comments made in a private capacity on social media sites or forums

Recruitment pros and cons

The risks of sexual harassment in the workplace

Employee Theft Dismissal for theft

Reporting for duty while under the influence of alcohol

Employees participating in an unprotected strike – Employers should communicate with their employees

Employee undergoing a sex change – is it any of the employer’s business?

Latest changes to the South African Tobacco Control Laws: the potential effect of these changes on employers

Compliance with the Employment Equity Act (‘EEA’)

Retirement age Dismissal

Retrenching an employee for poor performance unfair

The 2010 FIFA Soccer World Cup: What could employers expect during this period and how should they prepare pro-actively for this?

Consistency in discipline application

Is promotion based on equity, as opposed to merit, fair?

Do employees have a right to receive salary increases?

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