Articles
Bringing you regular news and insights from a legal perspective from the DML team. Features from each of our five-pillar legal areas and expertise.
Recent Developments: The Constitutional Court, Parental Leave and Van Wyk
This judgment marks a decisive shift towards gender-neutral caregiving and equal parenting in the workplace. While full legislative clarity is pending, the interim order is already binding, and employers who fail to comply face material legal and reputational risk.
Double Trouble: Double Jeopardy and SAMWU Obo Malatsi v SALGBC & Others
Where an arbitrator has already sanctioned specific conduct, an employer cannot “try again” internally. Its only lawful recourse is to take the award on review in an attempt to have it set aside. Employers must therefore treat arbitration awards as not merely procedural setbacks, but binding decisions with disciplinary force. Anything less risks costly reinstatements years later.
Case Law Update: Retrenchment and the Duverge Judgment
In April 2025, the Labour Court delivered a significant judgment in Duverge v Spanish Farm Guest House Lodge CC t/a Sky Villa Boutique Hotel & Sky Villa (Pty) Ltd (C04/24; C252/2024) [2025] ZALCCT 24, highlighting critical aspects of retrenchment procedures under South African labour law. The judgment serves as a
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