Case law update: Transnet Soc Ltd v NTM obo Molope & Another
For employers struggling with boundary-testing behaviour, particularly in unionised or partially unionised environments, this judgment provides a clear jurisprudential foundation for firm, fair and policy-aligned disciplinary action.
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 cautionary tale for employers and more...
The new code of good practice: Dismissal and the small business
In a recent article, we broadly addressed the relevant effects of the new Code of Good Practice Dismissal (“the new code”) and the ways in which it amends, and in many instances, improves upon, the legal approach to dismissals adopted by the previous version of the new code and the Code of Good Practice on Operational Requirements (collectively “the previous codes”). In this article, we will be focusing on the specific effects of the new code on small business, and the methods employed to lessen the administrative and legal obstacles historically faced by small enterprises when faced with dismissal-related issues in the workplace.
One code to rule them all: The new code of good practice: Dismissal
4 September 2025 saw the implementation of the new Code of Good Practice: Dismissal (“the new Code”) replacing the long-standing Schedule 8: Code of Good Practice on Dismissal and the Code of Good Practice on Operational Requirements.
Dismissals for Poor Work Performance – an Employer’s Guide.
Employers should ensure that probationary and non-probationary employees are, amongst other things, aware of the required performance standards applicable to their position, give employees necessary guidance, counselling, mentoring and training to ensure satisfactory service, and to allow reasonable time for employees to improve the standard of their work performance. It is imperative that employers ensure that any dismissals relating to poor work performance are fully compliant with the Act and the Code of Good Practice: Dismissal (and any other applicable labour legislation).
Dismissal versus retrenchment due to restructuring: Operational or Unfair?
A recent Constitutional Court (“CC”) judgment has allowed employers to breathe a collective sigh of relief in the comfort that they cannot be threatened with unfair dismissal proceedings where an employee has unreasonably rejected an employer’s proposals aimed at avoiding retrenchments, and where the employer commences to dismiss the employee by reason of its operational more...