This blog is co-authored by Ila Alberts, a candidate attorney.
A January 2026 judgment of the Labour Appeal Court highlights the effect of vague drafting within a settlement agreement.
An employee’s alleged unfair dismissal dispute was settled on the basis that “the [employer] agrees to assist with the completion of the forms as required
Labour Law Amendment Bill published for public comment
On 26 February 2026, the Minister of Employment and Labour published the Labour Law Amendment Bill, 2025 for public comment (the Bill). The Bill proposes wide-ranging amendments to the Labour Relations Act, 1995 (LRA), Basic Conditions of Employment Act, 1997 (BCEA)
This blog is co-authored by, Olebogeng Motlhaping, Candidate Attorney.
In February 2026, the Labour Court ruled that an employer’s decision to unilaterally abolish the contractual payment of a 13th cheque to its employee amounted to a breach of contract. The court emphasised the trite position that contractual obligations are not optional and cannot be
This blog is co-authored by Raaiqhah Akoo, a candidate attorney.
In a January 2026 judgment, the Labour Appeal Court clarified the effect of a plea bargain agreement within internal workplace disciplinary process. Although such agreements are a useful and accepted feature of labour relations, they do not necessarily bind disciplinary chairpersons and mishandling them
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 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
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