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.
Off-Duty Misconduct and Dismissal: Approach with Caution
The Sauls judgment serves as a clear reminder that dismissal is the most severe sanction available to an employer, and that courts will intervene where off-duty misconduct is relied upon without a proper evidentiary foundation. Employers should discipline decisively, but also carefully, consistently and on proof. Where off-duty conduct raises complex disciplinary issues, early legal guidance is advisable, and our offices are available to assist.
Restraints of trade revisited: key lessons from Truworths v Nxasana & Mr Price Group Ltd
Restraint of trade agreements sit at the intersection of contractual autonomy and an employee’s constitutional right to economic activity. While employers are entitled to protect confidential information, goodwill, and competitive advantage, restraints will only be enforced where they are reasonable, justified, and supported by evidence. The Western Cape High Court’s
When “Harassment” Is Not Harassment: The Labour Court’s Decision In La Foy
The judgment offers a clear and helpful delineation between true harassment and ordinary workplace friction. The EEA is not a catch-all for general dissatisfaction or perceived unfairness. For employers, the message is straightforward: act transparently, document your decisions, apply policies consistently and ensure your processes are fair. When you do, ordinary managerial actions—even if unpopular—will not, without more, constitute harassment or unfair discrimination.
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