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.
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.
2023 Amendments to the CCMA rules
The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is the first port of call for the majority of disputes concerning the employment relationship and serves not only as a forum aimed at facilitating amicable and expeditious resolutions to employment disputes but also as a court of first instance for adversarial proceedings arising between, amongst others, more...
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...