South Africa: Employment Litigation/ Tribunals

When a South African magistrate's removal from office was based on 13 misconduct findings, but nine were later overturned on review, could the dismissal sanction still stand? The Gauteng High Court examined whether a disciplinary sanction can survive when the majority of findings supporting it have been set aside, and what this means for the proper exercise of administrative decision-making powers.

The Labour Appeal Court (LAC) accepted that the employer had a genuine commercial rationale for restructuring but still found the dismissals substantively unfair because the employer could not defend the selection of the employees retrenched.

In South Africa, restraint of trade agreements remain enforceable after employment ends, regardless of whether termination occurs through resignation, dismissal, retrenchment, or retirement. A recent Labour Court case examined whether a retired branch manager could be bound by a two-year non-compete clause, revealing how courts assess the reasonableness and enforceability of such restraints when employees attempt to circumvent them through family members or related entities.

Our world of work is evolving – and so is the way we access justice. On 28 March 2025, two important directives were issued: Directive 01 of 2025: Implementation of Court Online Electronic Platform...

The recent ruling in Backsports (Pty) Ltd v Motlhanke and Another provides important lessons for employers seeking to enforce restraint of trade clauses. While the judgment raises questions over the enforceability...

An incident that occurred on a South African airline flight in December 2024 sparked heated debate on social media and made news headlines.

A confession is a statement in which a person acknowledges that he or she has committed an offence or crime. In both criminal and civil cases, including labour matters...

We at CEO have published numerous articles on Default Arbitration Awards made by the CCMA. Those articles primarily focused on the remedies available to the employer in terms of the Labour Relations Act (LRA).

Labour and Employment Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries