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.