On 28 March 2025, the Labour Court delivered its decision in Makombe v Cape Conference of the Seventh-day Adventists. The court held that the claimant pastor was constructively dismissed – even though she resigned of her own accord. The judgment confirms that an employer can be held liable not only for direct mistreatment, but also
Frances Barker
Employment Equity Regulations, 2025 and Determination on Sectoral Numerical Targets in Effect: What designated employers need to know
By Gillian Lumb & Frances Barker on
The Employment Equity Regulations, 2025 came into effect on 15 April 2025, repealing and replacing the 2014 Regulations. Also in effect from 15 April 2025 is the Determination on Sectoral Numerical Targets which applies to 18 national economic sectors. The new Regulations and Determination introduce a significantly more prescriptive and compliance-driven framework, particularly for designated…
Exclusive jurisdiction of the Labour Court to award compensation for losses arising from strike action
By Frances Barker on
Co-authored by Heidi Davis
In a recent decision, the Labour Appeal Court (LAC), has clarified the jurisdiction of the Labour Court (the LC) in dealing with unlawful conduct during strikes.
The LAC upheld the Labour Court’s decision that section 68(1)(b) covers compensation for any unlawful conduct during a strike, whether the strike is protected or…
Balancing employee religious rights and the need for protective equipment
By Laura Macfarlane & Frances Barker on
The COVID-19 pandemic has brought to the fore the rights of an employer to insist on the wearing of personal protective equipment (PPE) despite religious objections. For COVID-19 protection, such equipment may include masks, gloves, goggles, face shields, and other forms of protective gear. Ordinarily, the failure to adhere to an employers’ reasonable PPE requirements…