In a January 2024 judgment the Labour Court reaffirmed the principles pertaining to the doctrine of common purpose in relation to violent acts committed by groups of employees during strike action.

In November 2018, about 2500 employees of a pharmaceutical retailer embarked on a protected strike which was subject to picketing rules.  Following non-compliance with

This blog was co-authored by Hannah Howell, Candidate Attorney.

On 12 August 2022, the Road Accident Fund, in a presumed bid to extricate itself from its ever-expanding pothole of debt, issued a directive instructing its staff to reject any claims made for past medical expenses if a medical aid scheme had already paid for them.

This blog was co-authored by Felix Le Roux, Candidate Attorney

On 3 October 2023, the Constitutional Court dismissed an appeal by a joint venture oil company in respect of a review application it had brought against SARS. The Court ruled that a further request for reasons by an applicant, after the administrator has provided the

This blog was co-authored by Felix Le Roux, candidate attorney

On 22 August 2022, the Constitutional Court (CC) upheld an appeal by the National Union of Metal Workers of South Africa (NUMSA) on behalf of 41 employees who were dismissed for acting in common purpose of assault during a strike, and found that their dismissal

The once and for all rule provides that in claims for compensation or satisfaction arising out of a delict, breach of contract or other cause, the plaintiff must claim damages once for all damage allegedly sustained or expected insofar as it is based on a single cause of action.

The law requires a party with

When the Constitutional Court had cause to interpret a section of the Labour Relations Act regarding the requirements for a secondary strike, the court had recourse to what it called the ‘main secondary source’ namely the Parliament’s Explanatory Memorandum on the Labour Relations Bill in order to gather the intention of the legislature.

A secondary

This blog was co-authored by: Anneline Coetsee, Candidate Attorney

The Constitutional Court held in December 2021 that, although the amendments to the Refugees Act, 1998 and its regulations imposed more onerous procedural requirements on asylum seekers, these requirements do not rob them persons of their right to apply for asylum, even if there had been

This blog was co-authored by Hlonela Mayosi and Heidi Davis, associate designates

A recent decision in the Constitutional Court has provided legal certainty on the application of section 193(2)(b) of the Labour Relations Act, 1995 (the LRA), which relates to reinstatement of employees as the primary remedy when a court or tribunal declares a dismissal