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.
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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.
Terms of a restraint of trade must be clearly set out
Three recent judgments in employment disputes underscore that courts will enforce only those restraint-of-trade clauses that are drafted with precision, protect a genuine employer interest, and strike a fair balance between competition and individual freedom
Labour Court applications go fully digital
The transition to mandatory online filing aims to streamline case initiation, improve document management, and enhance accessibility for all parties involved.
ConCourt divided over employers’ right to dismiss post-retirement employees
Can an employer rely on section 187(2)(b) of the Labour Relations Act when dismissing an employee who has worked beyond the normal or agreed retirement age?
New Labour Court rules take effect: what you need to know
The new Labour Court and Labour Appeal Court rules bring significant procedural changes to streamline processes and tackle case backlogs.
New Labour Court rules target backlog: what employers need to know
The rules now specify new requirements for review applications, including that the application must contain ‘no more than a concise statement of the grounds of review’.
