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Category: Labour Law

Labour Law

Incapacity Dismissal: The Limits of Accommodation

Managing incapacity is one of the more difficult tasks confronting an employer. The employee may be genuinely ill, injured, or disabled and therefore not blameworthy, while the employer must still […]

October 6, 2026 / Monique Marais / 0 Comments
Labour Law

A Dishonest CV and a R2.9 Million Damages Order

A recent Labour Court (LC) judgment sends a stark warning to employees who manipulate their employment history to secure an appointment: Dismissal may be only the beginning. Where an employer […]

October 5, 2026 / Monique Marais / 0 Comments
Labour Law
length of service dismissal

Can length of service save an employee from dismissal for serious misconduct?

Employers often find themselves in the challenging position of deciding on the appropriate sanction in instances of misconduct. While it is well established that an employer must consider an employee’s […]

October 1, 2026 / Monique Marais / 0 Comments
Labour Law
Managing Peak Trading Seasons Without Falling Foul of Labour Laws

Managing Peak Trading Seasons Without Falling Foul of Labour Law

Peak trading seasons can place considerable pressure on employers in South Africa’s wholesale and retail sector. Extended trading hours, higher customer volumes, increased deliveries, and seasonal promotions often require additional […]

September 23, 2026 / Monique Marais / 0 Comments
Labour Law

Employment Services Amendment Bill: New foreign-worker obligations and substantial penalties proposed for employers

The Portfolio Committee on Employment and Labour has invited public comment on the Employment Services Amendment Bill, No. 16 of 2026. The Bill was introduced in the National Assembly on […]

September 23, 2026 / Monique Marais / 0 Comments
Labour Law
Off-Duty Conduct and Disciplinary Action_Why the Workplace Connection Matters

Off-Duty Conduct and Disciplinary Action: Why the Workplace Connection Matters

Employees do not surrender their right to a private life when they enter into an employment relationship. As a general rule, what an employee does away from the workplace and […]

September 22, 2026 / Monique Marais / 0 Comments
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