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
Jason Whyte
Rescission relief after a flawed Labour Court ruling
By Jason Whyte & Jessica Blunden on
This blog is co-authored by Mehjubeen Karjieker, candidate attorney.
In May 2025 the Constitutional Court held that, in truly exceptional circumstances, it will rescind its own earlier orders to cure a grave injustice. The employee in the case persuaded the Constitutional Court that the Labour Court had erred in failing to decide a key issue…
Labour Appeal Court clarifies the law on tendering services and prescription in section 197 transfer claims
By Jason Whyte & Heidi Davis on
This blog is co-authored by Jose de Faria (Candidate Attorney) and Saajidah Simjee (Candidate Attorney).
Employers undertaking restructuring or outsourcing should take careful note of an August 2025 judgment by the Labour Appeal Court (LAC) wherein it was found that, due to the automatic nature of section 197 transfers between employers, employees need not…
South African companies’ compliance with the EU Corporate Sustainability Due Diligence Directive
By Jason Whyte on
Following extensive negotiations, the Council of the European Union (EU) formally adopted the Corporate Sustainability Due Diligence Directive (the CS3D) on 24 May 2024. Once fully implemented, both EU and non-EU companies, as well as their ‘upstream’ and ‘downstream’ value chains (or “chain of activities”), will be subject to mandatory human rights…