South Africa: Unfair/ Wrongful Dismissal

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?

The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.

South Africa Employment

CD

Cliffe Dekker Hofmeyr

Chief Magistrate’s Removal Set Aside After Nine Out Of 13 Misconduct Findings Fall Away

When a South African magistrate's removal from office was based on 13 misconduct findings, but nine were later overturned on review, could the dismissal sanction still stand? The Gauteng High Court examined whether a disciplinary sanction can survive when the majority of findings supporting it have been set aside, and what this means for the proper exercise of administrative decision-making powers.

South Africa Employment

CD

Cliffe Dekker Hofmeyr

A Good Reason Is Not Enough: Retrenchment Fails Where Selection Cannot Be Explained

The Labour Appeal Court (LAC) accepted that the employer had a genuine commercial rationale for restructuring but still found the dismissals substantively unfair because the employer could not defend the selection of the employees retrenched.

South Africa Employment

F

Fasken

Informal Resolution Of Harassment Complaints Does Not Absolve Employers Of Their Obligations

A South African Labour Court judgment examines the boundaries of informal harassment resolution procedures, establishing that an employer's duty to eliminate workplace harassment persists even when a complainant initially accepts an apology.

South Africa Employment

E

ENS

High Court Confirms That Misrepresentation Can Invalidate A Mutual Separation Agreement

South Africa Employment

FW

Fairbridges

The Price Of Dishonesty In The Auditing Profession

South Africa Employment

FW

Fairbridges

Competent, Yet Incompatible

South Africa Employment

E

ENS

When Reporting Lines Change: Constitutional Court Clarifies The Test For Constructive Dismissal

South Africa Employment

E

ENS

Automation, Restructuring And Fairness - Staging AI Adoption Under The LRA

South Africa Technology

WW

Webber Wentzel

Modernising Workplace Discipline: A Short Guide To The 2025 Dismissal Code

South Africa Employment

F

Fasken

Coldplay, Kiss Cams And Corporate Consequences – Lessons For South African Employers

South Africa Employment

E

ENS

Fifty Cents, Zero Trust: How A Trivial Shortfall Cost A Teller Her Job

South Africa Employment

FW

Fairbridges

Client Alert: How One Missed Step Sank A Whistle-Blower Dispute

South Africa Employment

FW

Fairbridges

When Cost-Cutting Costs You: Lessons From A Botched Section 189 Process

South Africa Employment

BI

Barnard Inc.

Webinar Recording | AI Governance Under King V From Principles To Practice (Video)

South Africa Commercial

CD

Cliffe Dekker Hofmeyr

The Diesel Refund Scheme: Wet And Dry Contracts, Joint Ventures And New Ways Of Mining In South Africa

South Africa Tax

E

ENS

Getting Your Greenback: From Traditional Knowledge To Commercial Cannabis

South Africa IP

AA

Adams & Adams

Chief Magistrate’s Removal Set Aside After Nine Out Of 13 Misconduct Findings Fall Away

South Africa Employment

CD

Cliffe Dekker Hofmeyr

New Ground, Same Fight: Tax Court Permits Amendment To Introduce Additional Factual Bases For VAT Input Tax Deduction

South Africa Tax

E

ENS

Understanding The 2025 Regulations And Sectoral Targets Under The Employment Equity Act 55 Of 1998

On 15 April 2025, the Department of Employment and Labour published two (2) Regulations under the Employment Equity Act 55 of 1998 as amended (‘the Act').

South Africa Employment

FW

Fairbridges

Why Employers Should Implement Disciplinary Policies, Codes, And Procedures

Implementing disciplinary policies, codes of conduct, and procedures is not merely best practice – it's a legal necessity.

South Africa Employment

FW

Fairbridges

A Precipitous Move

When employers inappropriately impose the normal retirement age of 65. Slabbert v Muji Motor Group (Pty) Ltd (2024) 45 ILJ 2817 (LC)The above matter came before the Labour Court as an automatically unfair dismissal.

South Africa Employment

FW

Fairbridges

A Closer Look At The Draft Code Of Good Practice On Dismissals

A new draft Code of Good Practice on Dismissals (draft COP) seeks to introduce notable changes to Schedule 8 of the Labour Relations Act, 1995 (LRA), which provides guidance on the fairness of dismissals. The intended changes affect small employers, dismissals linked to poor performance, misconduct, participation in unprotected strikes, and operational requirements.

South Africa Employment

WW

Webber Wentzel

Betrayal Of The Badge: SAPS Officer Dismissed For Shoplifting

South Africa Employment

E

ENS

Dismissed For Using Cell Phones At Work

South Africa Employment

E

ENS

Working On The Weekend Like Usual

South Africa Employment

F

Fasken

Just A Spoonful Of Sugar | When Guessing Doesn't Pay

South Africa Employment

FW

Fairbridges

The Psychology Behind The Dismissal: Labour Court Dismissal And The HPCSA

South Africa Employment

FW

Fairbridges

Hard Lessons: Retrenched For Not Having A Master's Degree

South Africa Employment

E

ENS

Being A "Loan Shark" At Work Can Result In Dismissal

South Africa Employment

E

ENS

Lessons From Legal Precedent – Allegations Of Victimisation & Dismissal For Union Activities

South Africa Employment

CE

Consolidated Employers Organisation

When Is It Considered "Just And Equitable" To Stay Arbitration Proceedings

South Africa Employment

E

ENS

Shopping For The Best Result – Do You Pursue An Unfair Dismissal Dispute Or A Breach Of Contract Dispute

South Africa Employment

F

Fasken

Being A "Loan Shark" At Work Can Result In Dismissal

A recent study conducted by market research specialists, Ipsos, has revealed that South Africa has a R50 billion stokvel sector, made up of more than 800,000 stokvel groups and 11 million members.

South Africa Employment

E

ENS

Lessons From Legal Precedent – Allegations Of Victimisation & Dismissal For Union Activities

In this case, the Respondent argued that the individual Applicants were dismissed for allegedly intimidating their colleagues into joining the Association of Mineworkers and Construction Union (AMCU). On the other hand...

South Africa Employment

CE

Consolidated Employers Organisation

When Is It Considered "Just And Equitable" To Stay Arbitration Proceedings

Section 158(1B) of the Labour Relations Act ("LRA") prohibits the Labour Court from reviewing any decision or ruling made during conciliation or arbitration proceedings...

South Africa Employment

E

ENS

Shopping For The Best Result – Do You Pursue An Unfair Dismissal Dispute Or A Breach Of Contract Dispute

Can employees pursue a claim for a breach of contract when their employment is terminated rather than bringing an unfair dismissal dispute before the CCMA or the appropriate Bargaining Council?

South Africa Employment

F

Fasken

An Arrested Employee Is Not A Get Out Of Jail Free Card For The Employers

South Africa Employment

CE

Consolidated Employers Organisation

Unprotected Strikes – Can Employees Raise Provocation As A Defence?

In South Africa, participating in an unprotected strike constitutes misconduct, warranting disciplinary action. However, item 6 of the Code of Good Practice: Dismissal makes...

South Africa Employment

E

ENS

The Legal Paths And Pitfalls Of Mass Dismissals: The Interplay Between Misconduct, Poor Performance And Retrenchments. What Route Can An Employer Take?

In South Africa, dismissing an employee must be based on one of three fair reasons: misconduct, incapacity (arising from poor performance or ill health/injury), or operational requirements.

South Africa Employment

E

ENS

Polygraph Examinations: Can An Employer Dismiss An Employee For Refusing To Undergo A Polygraph Examination?

While a polygraph examination alone cannot conclusively determine employee misconduct, it can serve as corroborative evidence among other factors.

South Africa Employment

E

ENS

Common Purpose Doctrine Strikes Again: Labour Court's Judgment On Collective Misconduct In Protected Strikes

In National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others Casual Workers Advice Office...

South Africa Employment

E

ENS

Unlawful Versus Unfair Dismissal – Which Route Can An Employee Take?

South Africa Employment

E

ENS

Offer Accepted, Protocol Neglected: Ground For Dismissal?

South Africa Employment

E

ENS

Cadre Deployment Records Unsealed: Unpacking The Employment Law Consequences

South Africa Employment

E

ENS

Can An Employer Rely On An Employee's Confession To Prove Misconduct?

South Africa Employment

E

ENS

Time Is Of The Essence – The Three-And-A-Half-Year Delay In Workplace Justice

South Africa Employment

CE

Consolidated Employers Organisation

When Age Matters: Retirement Or An Automatically Unfair Dismissal?

South Africa Employment

CE

Consolidated Employers Organisation

Thinking About Moonlighting Or Having A "Side Hustle"? Think Twice…

South Africa Employment

E

ENS

Workplace Safety: Is It A Disciplinary Offence To Come To Work While Sick?

South Africa Employment

E

ENS

Compensation For Commitment: Understanding Severance Pay In South Africa

South Africa Employment

CE

Consolidated Employers Organisation

Labour and Employment Comparative Guide

South Africa Employment

E

ENS

Safeguarding The Enforceability Of Settlement Agreements

South Africa Employment

CE

Consolidated Employers Organisation

The CCMA's Jurisdiction Over Illegal Workers

South Africa Employment

CE

Consolidated Employers Organisation

To Suspend Or Not To Suspend, That Is The Question

South Africa Employment

CE

Consolidated Employers Organisation

Killing Time Might Kill Your Case

South Africa Employment

CE

Consolidated Employers Organisation

COVID-19: Can Mandatory Vaccination Policies Be Arbitrary?

South Africa Employment

E

ENS

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