Unfair Labour Practice Updates
Working from home: Can employers withhold pay over office attendance?
7th August 2026 In National Union of Public Service and Allied Workers obo Cesiko / South African Human Rights Commission [2024] 8 BALR 869 (CCMA), the Commission... →
Time-Bound Justice: Do labour disputes prescribe?
16th July 2026 In labour disputes, time is of the essence; thus, the ability to address and resolve matters expeditiously has become one of the most significant... →
South Africa: Labour Court warns against rigid application of employment equity targets in promotion decisions
7th July 2026 In Solidarity obo Benjamin v Department of Correctional Services and Others, the Labour Court reviewed and set aside an arbitration award... →
The legality of linking tools of trade to employment
9th September 2025 It is a common occurrence that employers send employees home when tools of trade are no longer available. It is often seen across all industries... →
The Clock is Ticking on Unfair Labour Practice Referrals – Labour Court Confirms They Are One-Time Events
15th August 2025 In the recent case of NEHAWU obo Makhubele & others v Ramalatso NO & others , the Labour Court reaffirmed that disputes over unfair labour... →
When the reason does not resonate - the South African Labour Court expresses its displeasure with employers that attempt to conceal the true reasons for dismissals
10th July 2025 In Mqikela v Pristo Response Trading, the South African Labour Court found that a supposed retrenchment had masked the real reason for dismissal:... →
Approaching the correct legal forum
17th June 2025 The applicant was offered employment, but the letter of appointment never materialised. The applicant approached the Labour Court to obtain a... →
Constructive dismissals are destructive
29th May 2025 Where an employee successfully alleges that his/her resignation was involuntary and was coerced by the employer, the resignation becomes a... →
The Clock Is Ticking: Labour Disputes and the Perils of Miscalculating Timeframes
23rd April 2025 The recent Labour Court decision in Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (PR174/2023) provides a sobering reminder of the... →
Don’t slip on the job grading tightrope
2nd December 2024 The law does not say that, in every case, all incumbents in all jobs of the same value must receive exactly the same pay. The law recognises that... →
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