Assessing Intolerability to Determine an Appropriate Remedy for Unfair Dismissal
Explore how South African labour courts assess intolerability when deciding remedies for unfair dismissal, including when reinstatement may be refused.
What if a party to a CCMA dispute delivers an objection to con/arb late in terms of the CCMA Rules?
Videos
- Ross Simon (Associate, BCom (Law) LLB, Post Graduate Diploma in Labour Law Practice)
- WP Moolman (Partner: Equity, LLB)
- Ulrich Stander (Managing Partner & Director, BA LLB LLM IRDP)
This information is published for general information purposes and is not intended to constitute legal advice and should not be construed as such. Specialist legal advice should always be sought in relation to any particular situation. Maserumule Corporate Employment Law will accept no responsibility for any actions taken or not taken on the basis of this publication. Consent must be obtained from Maserumule Corporate Employment Law before the information provided herein is reproduced in any way. No person shall have any claim of any nature whatsoever arising out of, or in connection with, the information provided herein against Maserumule Corporate Employment Law and/or any of its personnel.
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Reinstatement Denied: The Labour Appeal Court Affirms That Broken Trust Bars Return to Work
The Labour Appeal Court confirms that reinstatement is not automatic after unfair dismissal. Explore how broken trust, gross insubordination and workplace misconduct can make reinstatement inappropriate under the Labour Relations Act.
Employing Foreign Nationals: Major Changes On The Horizon
South Africa’s Employment Services Amendment Bill 2026 introduces stricter rules for employing foreign nationals, including quotas, visa checks, labour market testing and increased penalties for employers.
Comply now – Complain later: A Labour Appeal Court Lesson on Insubordination and Fair Sanctions
The Labour Appeal Court’s decision in Department of Correctional Services v TD Kutu serves as a stark reminder that even long-serving employees cannot escape the consequences of deliberate insubordination. This case reinforces the fundamental employment law principle of “obey now and grieve later” while clarifying the limits of mitigation in disciplinary proceedings. The judgment provides crucial guidance for employers and employees across all sectors regarding the delicate balance between considering length of service and maintaining workplace discipline.
Beyond Operational Needs – The Real Motive Behind the Retrenchment
Retrenchments are among the most carefully scrutinised forms of dismissal in South African labour law. The Labour Relations Act 66 of 1995 (LRA) permits employers to dismiss employees for operational requirements, but only where such dismissals are both substantively and procedurally fair.