Tribunal tells FSP it cannot use debarment as punishment
A financial services representative’s unpaid debts and alleged fuel-card misuse were not enough to justify debarment.
#employmentlaw
Labour Court upholds Santam dismissal in Covid policy dispute
The Court said financial inability to pay for PCR tests did not excuse continued absence or failure to follow return-to-work instructions.
Sanlam adviser loses urgent application despite court’s finding on disputed ‘bobbejaan’ phrase
The High Court accepted the adviser’s explanation of an Afrikaans expression for interim purposes, but held that unresolved earlier allegations could still justify terminating his contract.
Restraints of trade: What financial services businesses need to get right
Case law highlights the drafting, evidence, and settlement pitfalls that can determine whether valuable client relationships and confidential information remain protected.
Will the Fair Pay Bill level the playing field – or change the rules?
Proposals aimed at ending salary history discrimination and improving pay transparency may also reshape how employers hire and how employees negotiate pay.
Earnings threshold changes from 1 May – who gains and who loses protections
The threshold determines access to key labour protections, with changes affecting working conditions, contract status, and how disputes are resolved.
Labour law overhaul signals shake-up of dismissal, retrenchment, and gig-work rules
The Bill proposes major changes to dismissal procedures, severance pay, and protections for gig and on-call workers, while tightening the enforcement of retirement fund contributions.
Amendment Bill reshapes parental leave and UIF benefits
The draft Bill converts the Constitutional Court’s interim remedy into law, creating a single, shared parental leave entitlement and widening rights for adoptive parents.
ConCourt clarifies high bar for constructive dismissal claims
Employees cannot resign based on anticipated workplace changes and claim constructive dismissal. Intolerability must be proved – and internal remedies must be exhausted first.
Labour Appeal Court draws a firm line: dismissal does not void a restraint of trade
The Labour Appeal Court confirms that termination – even for misconduct – does not extinguish a restraint of trade, unless tainted by fraud or bad faith.
COIDA overhaul: what workplaces need to know about injury claims and compliance
Recent COIDA amendments overhaul workplace safety, claims, and compliance rules, creating new obligations for employers and expanded rights for employees.
Employers must handle return-to-office directives with care, court rules
The Labour Court weighs in on remote work, sick leave, and the moment an employer’s response crossed the line into constructive dismissal.
What employees should know about year-end bonuses
Employees don’t have a statutory right to a year-end bonus – payment depends on contract, collective agreement, policy, or binding past practice.
Risk manager’s restraint of trade remains even while appeal is pending
Allowing an appeal to suspend the restraint would render the firm’s contractual protection meaningless, as the restraint period could expire before an appeal is heard.
BUSA accuses labour department of ‘performative’ consultation on targets
Business Unity SA is seeking a review of the employment equity targets, arguing they are substantively and procedurally irrational.
New dismissal code recognises small business constraints
The code sets out how dismissals must meet substantive and procedural fairness requirements.
High Court dismisses bid to halt race and gender targets
Designated employers must begin aligning their workplace demographics with the Employment Equity Act’s numerical targets from 1 September.
