
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.

The Court said financial inability to pay for PCR tests did not excuse continued absence or failure to follow return-to-work instructions.

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.

Case law highlights the drafting, evidence, and settlement pitfalls that can determine whether valuable client relationships and confidential information remain protected.

Proposals aimed at ending salary history discrimination and improving pay transparency may also reshape how employers hire and how employees negotiate pay.

The threshold determines access to key labour protections, with changes affecting working conditions, contract status, and how disputes are resolved.

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.

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.

Employees cannot resign based on anticipated workplace changes and claim constructive dismissal. Intolerability must be proved – and internal remedies must be exhausted first.

The Labour Appeal Court confirms that termination – even for misconduct – does not extinguish a restraint of trade, unless tainted by fraud or bad faith.

Recent COIDA amendments overhaul workplace safety, claims, and compliance rules, creating new obligations for employers and expanded rights for employees.

The Labour Court weighs in on remote work, sick leave, and the moment an employer’s response crossed the line into constructive dismissal.

Employees don’t have a statutory right to a year-end bonus – payment depends on contract, collective agreement, policy, or binding past practice.

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.

Business Unity SA is seeking a review of the employment equity targets, arguing they are substantively and procedurally irrational.

The code sets out how dismissals must meet substantive and procedural fairness requirements.

Designated employers must begin aligning their workplace demographics with the Employment Equity Act’s numerical targets from 1 September.

The proposed changes limit employees earning over R1.8m a year to compensation – capped at their annual salary – for unfair dismissal claims.