South Africa: Unfair/ Wrongful Dismissal

A South African Labour Court judgment examines the boundaries of informal harassment resolution procedures, establishing that an employer's duty to eliminate workplace harassment persists even when a complainant initially accepts an apology.

The Western Cape Division of the High Court in Cape Town has delivered an important judgment on the consequences of failing to disclose material conflicts of interest before concluding a mutual separation agreement.

The integrity of financial reporting depends heavily on the trustworthiness of the professionals who perform audits. When that trust is compromised from within, the consequences can be serious...

​​​​A new draft Code of Good Practice on Dismissals (draft COP) seeks to introduce notable changes to Schedule 8 of the Labour Relations Act, 1995 (LRA), which provides guidance on the fairness of dismissals. The intended changes affect small employers, dismissals linked to poor performance, misconduct, participation in unprotected strikes, and operational requirements.

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

The ubiquitous use of cell phones in modern society has meant that employers have, in certain circumstances, deemed it necessary to introduce policies and disciplinary rules...

In National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others Casual Workers Advice Office...

Although the Labour Relations Act, 1995 ("LRA") provides protection and remedies to employees who allege that they have been unfairly dismissed...

Typically, a contract of employment comes into existence when an employer makes an offer to employ a person and that person accepts the offer.