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.
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.
LRA Amendment Bill caps dismissal remedies for high-income earners
The proposed changes limit employees earning over R1.8m a year to compensation – capped at their annual salary – for unfair dismissal claims.
Labour laws set for major overhaul
From stronger retrenchment safeguards to the inclusion of gig workers under formal labour protections, proposed amendments could redefine the future of work for millions of South Africans.
No shortcut to dismissing foreign nationals without work visas
A valid work permit may be absent, but fair labour procedures must still be followed.
Former Liberty manager and adviser must delete defamatory posts
The proper channels for resolving employment-related grievances are the statutory dispute-resolution bodies, not social media, says the High Court.
Equity targets spark fears of ‘unjust’ penalties for employers
The DA’s court challenge to the Employment Equity Amendment Act highlights not only constitutional questions but also the risk that inflexible sectoral targets and under-resourced bureaucracy will penalise even deserving employers.
SA labour law may extend to employees living or working abroad
National labour forums have jurisdiction when the employment contract is governed by South African law and connected to a local public entity.
Dismissal may void restraint of trade, says Labour Court
A recent judgment suggests employers may lose the right to enforce restraints of trade when they terminate staff for misconduct.
Small businesses gain relief under Employment Equity Act amendments
The amendments to the Employment Equity Act will come into force on 1 January. Employers must navigate new compliance requirements and prepare for the road ahead.
