South Africa: Unfair/ Wrongful Dismissal

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

From Whisper To Verdict: Labour Appeal Court Draws A Firm Line On Sexual Harassment And Review Tactics

The Labour Appeal Court's recent judgment in Mashele v South African Reserve Bank and two others is a clarion affirmation of the seriousness of workplace sexual harassment.

South Africa Employment

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ENS

Modernising Workplace Discipline: A Short Guide To The 2025 Dismissal Code

The updated Code of Good Practice on Dismissal, issued under the Labour Relations Act, 1996, was published in Government Gazette No. 53294 and came into effect on 4 September 2025.

South Africa Employment

F

Fasken

Coldplay, Kiss Cams And Corporate Consequences – Lessons For South African Employers

A viral kiss cam moment at a Coldplay concert ended the career of Astronomer's CEO, placed its Chief People Officer under an uncomfortable spotlight, and triggered a reputational firestorm...

South Africa Employment

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ENS

Fifty Cents, Zero Trust: How A Trivial Shortfall Cost A Teller Her Job

When Standard Bank teller Nomfundo Khumalo returned from sick leave, a surprise cash check exposed a mystery bag of R20 in R1 coins in her till.

South Africa Employment

FW

Fairbridges Wertheim Becker

Client Alert: How One Missed Step Sank A Whistle-Blower Dispute

South Africa Employment

FW

Fairbridges Wertheim Becker

When Cost-Cutting Costs You: Lessons From A Botched Section 189 Process

South Africa Employment

BI

Barnard Inc.

Understanding The 2025 Regulations And Sectoral Targets Under The Employment Equity Act 55 Of 1998

South Africa Employment

FW

Fairbridges Wertheim Becker

Why Employers Should Implement Disciplinary Policies, Codes, And Procedures

South Africa Employment

FW

Fairbridges Wertheim Becker

A Precipitous Move

South Africa Employment

FW

Fairbridges Wertheim Becker

A Closer Look At The Draft Code Of Good Practice On Dismissals

South Africa Employment

WW

Webber Wentzel

Betrayal Of The Badge: SAPS Officer Dismissed For Shoplifting

South Africa Employment

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ENS

Dismissed For Using Cell Phones At Work

South Africa Employment

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ENS

Working On The Weekend Like Usual

South Africa Employment

F

Fasken

Just A Spoonful Of Sugar | When Guessing Doesn't Pay

South Africa Employment

FW

Fairbridges Wertheim Becker

When And How To Use Non-solicit And Non-compete Clauses In IT Contracts In South Africa

South Africa Employment

E

ENS

Critical Minerals | A Continental Lens (Video)

South Africa Environment

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ENS

The Economic Regulation Of Transport Act

South Africa Transport

KL

Herbert Smith Freehills Kramer LLP

Sick Notes In South African Workplaces: Clear Rules, Fair Processes

South Africa Employment

FW

Fairbridges Wertheim Becker

The BBC Scandal: Mismanagement Of Manipulation In The Workplace

South Africa Employment

E

ENS

The Psychology Behind The Dismissal: Labour Court Dismissal And The HPCSA

In a Labour Court matter that highlights the delicate balance between ensuring compliance with professional registration requirements and acknowledging the potential administrative challenges posed by external statutory bodies, a significant judgment was handed down on 12 July 2024.

South Africa Employment

FW

Fairbridges Wertheim Becker

Hard Lessons: Retrenched For Not Having A Master's Degree

Typically, when an employer seeks to justify the fairness of a dismissal based on its operational requirements they are doing so in the context of a retrenchment...

South Africa Employment

E

ENS

Being A "Loan Shark" At Work Can Result In Dismissal

A recent study conducted by market research specialists, Ipsos, has revealed that South Africa has a R50 billion stokvel sector, made up of more than 800,000 stokvel groups and 11 million members.

South Africa Employment

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ENS

Lessons From Legal Precedent – Allegations Of Victimisation & Dismissal For Union Activities

In this case, the Respondent argued that the individual Applicants were dismissed for allegedly intimidating their colleagues into joining the Association of Mineworkers and Construction Union (AMCU). On the other hand...

South Africa Employment

CE

Consolidated Employers Organisation

When Is It Considered "Just And Equitable" To Stay Arbitration Proceedings

South Africa Employment

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ENS

Shopping For The Best Result – Do You Pursue An Unfair Dismissal Dispute Or A Breach Of Contract Dispute

South Africa Employment

F

Fasken

An Arrested Employee Is Not A Get Out Of Jail Free Card For The Employers

South Africa Employment

CE

Consolidated Employers Organisation

"The Constitution Is Supreme" - Trade Unions Must Stay In Their Registered Scope Lane

South Africa Employment

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ENS

Interrogation Of Sick Notes: Employer Or Employee's Responsibility?

South Africa Employment

E

ENS

Sour Lessons From The "Lemon Juice" Case: How To Sweeten Fair Dismissal Practices For Employers

South Africa Employment

CE

Consolidated Employers Organisation

Procedural Fairness In Large Scale Retrenchments: Key Takeaways From Regenesys Management v Ilunga

South Africa Employment

E

ENS

Unprotected Strikes – Can Employees Raise Provocation As A Defence?

South Africa Employment

E

ENS

The Legal Paths And Pitfalls Of Mass Dismissals: The Interplay Between Misconduct, Poor Performance And Retrenchments. What Route Can An Employer Take?

South Africa Employment

E

ENS

Polygraph Examinations: Can An Employer Dismiss An Employee For Refusing To Undergo A Polygraph Examination?

South Africa Employment

E

ENS

Procedural Fairness In Large Scale Retrenchments: Key Takeaways From Regenesys Management v Ilunga

The Labour Relations Act ("LRA") distinguishes between what can be termed "large scale retrenchments," regulated by sections 189 and 189A of the LRA...

South Africa Employment

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ENS

Unprotected Strikes – Can Employees Raise Provocation As A Defence?

In South Africa, participating in an unprotected strike constitutes misconduct, warranting disciplinary action. However, item 6 of the Code of Good Practice: Dismissal makes...

South Africa Employment

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ENS

The Legal Paths And Pitfalls Of Mass Dismissals: The Interplay Between Misconduct, Poor Performance And Retrenchments. What Route Can An Employer Take?

In South Africa, dismissing an employee must be based on one of three fair reasons: misconduct, incapacity (arising from poor performance or ill health/injury), or operational requirements.

South Africa Employment

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ENS

Polygraph Examinations: Can An Employer Dismiss An Employee For Refusing To Undergo A Polygraph Examination?

While a polygraph examination alone cannot conclusively determine employee misconduct, it can serve as corroborative evidence among other factors.

South Africa Employment

E

ENS

Common Purpose Doctrine Strikes Again: Labour Court's Judgment On Collective Misconduct In Protected Strikes

South Africa Employment

E

ENS

Time Is Of The Essence – The Three-And-A-Half-Year Delay In Workplace Justice

In the recent case of Mapyane v South African Police Service & Others (JR1948/10) ZALCJHB, the importance of prompt disciplinary proceedings was underscored.

South Africa Employment

CE

Consolidated Employers Organisation

When Age Matters: Retirement Or An Automatically Unfair Dismissal?

South African labour laws lack a specified retirement age, and terminating an employee based on age may violate Section 187(1)(f) of the Labour Relations Act (LRA)...

South Africa Employment

CE

Consolidated Employers Organisation

Thinking About Moonlighting Or Having A "Side Hustle"? Think Twice…

The term "moonlighting" refers to the practice of an employee having an extra job or a "side hustle" in addition to their ordinary job, usually without the knowledge...

South Africa Employment

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ENS

Workplace Safety: Is It A Disciplinary Offence To Come To Work While Sick?

In DHL Supply Chain (Pty) Ltd v Sauls F N.O. and Others, the Labour Court ("Court") was called upon to determine whether, amongst others...

South Africa Employment

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ENS

Compensation For Commitment: Understanding Severance Pay In South Africa

South Africa Employment

CE

Consolidated Employers Organisation

Labour and Employment Comparative Guide

South Africa Employment

E

ENS

Safeguarding The Enforceability Of Settlement Agreements

South Africa Employment

CE

Consolidated Employers Organisation

The CCMA's Jurisdiction Over Illegal Workers

South Africa Employment

CE

Consolidated Employers Organisation

To Suspend Or Not To Suspend, That Is The Question

South Africa Employment

CE

Consolidated Employers Organisation

Killing Time Might Kill Your Case

South Africa Employment

CE

Consolidated Employers Organisation

COVID-19: Can Mandatory Vaccination Policies Be Arbitrary?

South Africa Employment

E

ENS

Must An Employee Pay The Costs For The Transcribed Record In A Review Application?

South Africa Employment

E

ENS

What Factors Do Arbitrators Consider When Determining Whether A Sanction Is Appropriate?

South Africa Employment

CE

Consolidated Employers Organisation

Indulging In Forbidden Fruit: Reserved For The Labour Appeal Court

South Africa Employment

CE

Consolidated Employers Organisation

Can You Dismiss An Employee For Failing A Polygraph Test?

South Africa Litigation

CE

Consolidated Employers Organisation

Understanding The Test For Constructive Dismissal In South African Labour Law

South Africa Employment

CE

Consolidated Employers Organisation

Employer Obligations In Disclosing Information During Retrenchment Consultations

South Africa Employment

E

ENS

Why Consistency Is Key In Dealing With Workplace Misconduct

South Africa Employment

CE

Consolidated Employers Organisation

Can A Restraint Of Trade Agreement Be Enforced In The Face Of A 'Full And Final' Settlement Agreement?

South Africa Employment

F

Fasken

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