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...
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.
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...