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Misconduct Cannot Be Justified by a Superior’s Instruction: Lessons from Mbuyane v Standard Bank
In the recent Labour Court judgment of Mbuyane v Standard Bank of South Africa Ltd, the court reaffirmed a critical principle in South African labour law: an employee cannot justify dishonest conduct on the basis of having followed a superior’s instruction. This case serves as a cautionary tale for HR …
Criminal records and employment. Can your crimes be held against you?
A criminal record can significantly affect individuals seeking employment or those already employed. However, South African labour law balances employers’ legitimate interests with protections against unfair discrimination. A criminal record will not justify declining a job applicant or dismissing an employee unless it can be clearly shown that such criminal …
Commissioner’s Missteps in Dishonesty Case Lead to Overturning of Award: Lessons from East Rand Plastics v NUMSA obo Mabena
In a significant judgment delivered on 8 August 2025, the Labour Court in East Rand Plastics (Pty) Ltd v NUMSA obo Mabena (JR1400/22) reviewed and set aside an arbitration award that had found the dismissal of Ms Lettie Mabena substantively unfair. The case offers critical insights into the importance of …
Consumer Protection, PAIA and Legal Compliance: What South African Businesses Must Know in 2025
South African businesses operate in one of the most tightly regulated markets on the continent. As the country moves into 2026, staying compliant with the Consumer Protection Act (CPA), Promotion of Access to Information Act (PAIA), Protection of Personal Information Act (POPIA), and related legal frameworks has become not just …
Newsflash: AARTO and your business: What employers need to know
The new AARTO (Administrative Adjudication of Road Traffic Offences) Act, whose national rollout in South Africa becomes effective on December 1, 2025, will significantly affect employers, particularly those with employees who drive as part of their duties. The primary purpose of AARTO is to reduce road accidents by enforcing stricter …
Newsflash: ZEP and LEP extended a further 18 months: A lifeline for foreign nationals working in SA
The South African Department of Home Affairs has officially extended the validity of the Zimbabwean Exemption Permits (ZEP) and Lesotho Exemption Permits (LEP) until 28 May 2027. This extension was announced on 7 October 2025 through Ministers Immigration Directives No. 20 and No. 21 of 2025, respectively, under the powers …
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