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
This blog is co-authored by Raaiqhah Akoo, a candidate attorney.
Employers should take careful note of a December 2025 judgment by the Labour Court wherein the principles applicable to determining what constitutes “just and equitable” compensation for substantively unfair dismissals were clarified, with the court confirming that compensation is not automatically limited to an employee’s
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
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
On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended.
Following unsuccessful claims in both the Labour Court and Labour Appeal Court, the union applied