The blog is co-authored by Saajidah Simjee, a candidate attorney.
Facial recognition technology is becoming increasingly common in South African workplaces for maintaining attendance and security, but is it legally permissible?
The Kenyan courts have recently found an employer’s use of facial recognition to be unconstitutional and unlawful in the judgment of Kenya Union of
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
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
This blog is co-authored by Caroline Cotton, candidate attorney.
The Constitutional Court has handed down a unanimous judgment in Jordaan and Others v Minister of Home Affairs and Another (11 September 2025) that will reshape South Africa’s surname-change regime and deepen equality jurisprudence. Below we distil the essentials and outline practical implications for employers, financial
In a July 2025 judgment, the Gauteng Division of the High Court, Pretoria, clarified that a physical disability does not automatically entitle a claimant to damages for loss of earning capacity. The court refused the plaintiff’s claim for such damages, emphasising that the mere existence of an injury is not sufficient to establish a financial
In April 2025 the Supreme Court of Appeal held that, where an application is made to evict unlawful occupiers from land or premises, the right of the unlawful occupiers to earn a living is a relevant consideration. The order of eviction was granted and the City was obliged to provide land on which the evicted
In April 2025 the Constitutional Court invalidated the legislature prohibition on staff members of municipalities holding political office in a political party and confined the prohibition to municipal managers or managers directly accountable to municipal managers.
The South African Municipal Workers’ Union challenged the provision in the Local Government: Municipal Systems Act of 2000 prohibiting
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
This blog is co-authored by Raees Halim and Jessica Blunden, trainee associates.
The Labour Appeal Court and Labour Court have announced the implementation of the Court Online digital case management platform, effective 14 April 2025, by way of two separate directives. The introduction is a leap forward for these specialised courts, effectively promoting the principle