Rationality

When “Harassment” Is Not Harassment: The Labour Court’s Decision In La Foy

1st December 2025|Labour Law, Litigation|

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.

The lockdown is unconstitutional – De Beer and Others v Minister of Cooperative Governance and Traditional Affairs

3rd June 2020|Articles, Litigation, Regulatory Law|

The lockdown is unconstitutional! The North Gauteng High Court’s decision in De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020). this means that for the next 14 business days, South Africans will continue to live under the regulations of Alert Level 3. Before the expiry of those 14 days, the Minister must republish regulations which give due consideration to the rights guaranteed in the Bill of Rights.

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