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June   2024 Wrong findings by the arbitrator: when is the award not reviewable?
Can the Labour Court award damages suffered in a protected strike?
Affirmative action measures: when are they an "absolute barrier"?
May   2024 When is a retrenchment merger-specific or caused by other factors?
Fiduciary responsibility and making a secret profit.
How should a decision-maker decide if evidence is true?
April   2024 When can a contract be set aside because of duress?
Is reaching retirement age a fair criterion for retrenchment?
Unequal wages: Discrimination on arbitrary grounds
March   2024 When is reinstatement 'intolerable'?
Achieving a balance in restraint of trade agreements
Promotions: When does an employer act unfairly?
February   2024 When is a confession valid evidence?
When does the High Court have jurisdiction in labour matters?
"In full and final settlement": how binding is a settlement agreement?
January   2024 Moonlighting and prior disclosure to the employer
Jurisdiction and pleadings: some important technical issues
Is a contractual bonus part of the minimum wage?
November   2023 Disability and constructive dismissal
Deviations from the disciplinary procedure
When a Labour Court review turns into an appeal
October   2023 When is a political party responsible for the acts of an official?
When is an agency shop fee unfair?
Constructive dismissal based on psychiatric ill health
September   2023 Delays in holding a disciplinary hearing
Giving an interview to a journalist
A fight about a dress code
August   2023 Can there be a section 197 transfer to several service providers?
Dealing with unreliable and untested evidence
Accuracy in the number of employees the employer contemplates retrenching
July   2023 Unfair discrimination and the inherent requirements for a job
When is an employer's omission negligent?
Holding a second disciplinary hearing
June   2023 Deciding diametrically opposed versions of the facts
Admitting hearsay evidence, allowing a polygraph test
Is an employee entitled to commission earned after resignation?
May   2023 What must be transferred in a transfer of a business 'as a going concern'?
What is included in a settlement "In full and final settlement"?
Section 158(2): When can the Labour Court arbitrate a dispute?
April   2023 When is a charge of 'team misconduct' inappropriate?
Proving race discrimination
Is an employer obliged to investigate all possible causes of misconduct?
March   2023 Is dismissal for testing positive for using dagga fair?
Reinstatement to a fixed-term contract?
What is the difference between the 'interpretation', 'application' and 'enforcement' of a collective agreement?
February   2023 What is 'disciplinary action short of dismissal'?
Drafting disciplinary charges
Is a restraint of trade transferable?
January   2023 The Constitutional Court rules on proving 'common purpose' in strike violence
Lock-out to force change of a collective agreement?
Dishonesty in giving evidence
November   2022 When must the Labour Court on review intervene?
Interest arbitration on wages: how does the arbitrator decide?
Unlawful exercise of powers
October   2022 What if an employee works past the agreed retirement age?
Consequences of a failure to apologise
Appropriate procedures for employees with mental ill-health
September   2022 What is a "sufficiently representative" trade union?
Fairness in competition for restructured jobs
Rescission of a court order
August   2022 Inconsistent about consistency?
The right of an unrecognised union to represent members
Can documents constitute evidence?
July   2022 When is a transfer a demotion?
Dismissal for regular use of cannabis
The reasonableness of mandatory vaccination policies
June   2022 Compensation claimed by the employer during a protected strike
Can an employee change the desired remedy?
Is a voluntary severance package a "benefit"?
May   2022 'Trial by ambush'
Deemed dismissal and interpreting the BCEA's leave provisions
Constructive dismissal and mental ill-health
April   2022 Effect of continuing to work after the expiry of a fixed-term contract
Discriminatory inherent job requirements
The employer's liability to pay essential service wages during lockdown
March   2022 What must be proved before an interdict can be granted?
ConCourt rules on public sector wage dispute
Latest decisions on mandatory vaccination policies
February   2022 Misconduct outside the workplace
Sexual harassment by an employee of a member of the public
When is a secondary strike unreasonable?
January   2022 Taking sick leave to watch rugby
Mixing procedural & substantive fairness
Proving gender discrimination
November   2021 Intolerable or unbearable? The test for reinstatement
Can an employee refuse to testify at an arbitration?
The test for demarcation disputes
October   2021 When is a miner justified in refusing to work?
Mental health issues in the disciplinary process
Can the Labour Court intervene in pre-retrenchment facilitation and consultation?
September   2021 The ability to speak Chinese: a fair inherent requirement for a job?
When is reinstatement required for an unfair dismissal?
When should costs be awarded in labour disputes?
August   2021 Calculating severance pay for employees after retirement
When can the employer interfere with the decision of the Chairperson?
When does an accident arise 'out of' employment?
July   2021 No compensation for procedural unfairness?
When inconsistency does not render other discipline unfair
When can an employer use a maximum age requirement to exclude other meritorious applicants?
June   2021 Which court? Labour Court or High Court?
Lifting the corporate veil
Is the Prescription Act inconsistent with the LRA?
May   2021 Can an employer give a bonus to non-strikers for work done during the strike?
Dismissal for representing another employee?
Is 'ubuntu' a defence to dishonesty?
April   2021 Assessing the lawfulness of affirmative action measures
Insubordination: can an employee respond forcefully to allegations?
When is reinstatement not 'reasonably practical'?
March   2021 When is an employer liable for an assault at the workplace?
Is a disciplinary rule known? How should it be interpreted?
When an arbitrator does not apply her/his mind
February   2021 Suspension as a holding measure
Dismissal for refusing to come to work during the pandemic
Appointments made irregularly
January   2021 Can strikers who comply with an ultimatum be dismissed?
Public sector wage dispute
Recurring discrimination cases
Do pickets fall under the Regulation of Gatherings Act?
November   2020 Who can represent an employer at the CCMA?
Dismissal for cannabis use
Consultation as a two-way street
October   2020 When is a transfer a "going concern"?
Retrenchment consultation in a time of Covid-19
Striking for health and safety during Covid-19
September   2020 When is inconsistency a basis for unfairness?
Retrenchments without a business rescue plan
The 'helping hand' principle
August   2020 Resolving incompatibility through retrenchment
Contempt of court for not complying with strike interdict
A transfer of a business as a going concern
July   2020 When is 'possession' theft?
When a fixed-term contract overruns the end date
The LAC rules on Agency Shop Agreements
June   2020 Racism by a customer towards an employee
Refusing to undergo a polygraph test
Is filing a grievance 'taking action' against the employer?
May   2020 Frivolous Covid-19 litigation
Compensation when resignation offered
'Automatic' termination of employment
April   2020 Unions are limited by their own constitutions
Fairness in a re-grading process
An offer of alternative employment
March   2020 'Contemplating' retrenchment
Theft and Unauthorised possession
Something an individual employee cannot do
February   2020 Trying to alter a written agreement
Getting out of a promised pay increase
When is a failure to promote an unfair labour practice?
January   2020 By-passing labour inspectors to get to the Labour Court
Policies which change the retirement age
Having a second shot in another court
November   2019 Using Facebook during annual leave
Pre-strike ballots
"She said, he said" - contradictory evidence in sexual harassment cases
October   2019 When is an employer liable for its employee's actions?
When can a settlement agreement be set aside?
Proving a breakdown of the employment relationship
September   2019 How specific must disciplinary charges be?
The LAC rules on hearsay evidence
Dismissal of an employee in prison
August   2019 Dismissal for ill-health: The reciprocal duties of employer and employee
Where a sanction is in excess of the recommended sanction
Once again: proving that the trust relationship has been broken
July   2019 When is a retrenchment arising from a restructuring an automatically unfair dismissal?
Weapons and Picketing
Union organising in industries not included its constitution
June   2019 Is there an obligation to consult with a minority union before retrenchment?
The end of a long saga: Compensation for unprocedural retrenchment
Is a grading dispute a promotion dispute?
May   2019 When an arbitrator fails to understand the nature of the dispute
Insourcing (not outsourcing) - when is it a transfer of a business?
Termination of employment when a client terminates its contract with a service provider
April   2019 Interpreting a collective agreement
Agreement to use private arbitration rather than CCMA
Testing positive for dagga taken out-of-work
March   2019 Alleging racism
When will a court overturn an arbitration award?
Technicalities in claiming backpay
February   2019 Hearsay evidence
Discrimination and the normal retirement age
Overturn a disciplinary sanction on appeal
January   2019 Is it constructive dismissal if a threat of discipline is made?
Accommodating religious beliefs
Identifying who is on strike
Failing to meet a condition of continued employment
November   2018 When political parties take over the role of a trade union
The remedy when the place of employment is unsafe and unhealthy
Prescription of an arbitration award
October   2018 The legalisation of private dagga use
A new take on inconsistency
Proving incompatibility
September   2018 Does ulterior motive or malice disqualify a protected disclosure?
Does an employer have the right to set educational qualifications for a job?
When does interest accrue on a compensation order?
August   2018 Labour broking: when the client is the sole employer
Proving misconduct is not the same as proving a crime
Does reinstatement include remuneration after the date of reinstatement?
July   2018 Where disability and misconduct are intertwined
Incapacity arising from persistent intermittent absence from work
When can an arbitration award be reviewed?
June   2018 Fairness and treating different groups of strikers differently
When is a grievance a protected disclosure?
Can costly mistakes be rectified?
May   2018 When is a retirement policy unfair discrimination?
Expanding the definition of demotion
April   2018 The final word on prescription?
What to do when faced with diametrically opposed versions of the same event
The test for derivative misconduct confirmed
March   2018 The prerequisite of conciliation before adjudication
Must a protected disclosure be factually accurate?
Discrimination on an arbitrary ground
February   2018 Cost orders in the labour courts
Uber drivers: employees or independent contractors?
Non-renewal of 3 000 fixed-term contracts: are pre-retrenchment consultations necessary?
January   2018 Not 'reasonably practicable' to reinstate
Compensation for procedural unfairness
Failing to issue a pre-retrenchment s 189(3) notice
November   2017 Applying for a job in a restructuring exercise
Arbitrator bias and inconsistency
Are illegal and invalid dismissals covered by the LRA?
October   2017 Recovering overpaid remuneration
The obligation to consider alternatives to retrenchment
The consequences of the termination of a collective agreement
September   2017 Disregard for a known workplace rule
When an interdict will not be granted
Misrepresenting qualifications not required for the job
August   2017 Who is an employee in the gig economy?
How long must you wait for a late arbitrator?
You snooze, you lose
July   2017 Union membership thresholds
An obligation to discipline?
Prescription of claims against the employer (again)
June   2017 Challenging an appointment
Employment conditional on a security check
Rights of an unsuccessful job applicant
May   2017 The final word - proving a breakdown in the trust relationship?
Automatic termination of employment contract - part 1
Automatic termination of employment contract - part 2
April   2017 Discrimination on an arbitrary ground
Disability Discrimination
Is a member of a co-operative an employee under the LRA?
March   2017 Disciplinary hearing in the employee's absence
Is ceasing to be a full-time union rep a demotion?
Prescription and employment disputes
February   2017 When does a restraint of trade agreement become unreasonable?
Workplace performance: time to improve
Offering an alternative sanction - dismissal or demotion
January   2017 Importance of the form of contract
Unauthorised absenteeism
Non-disclosure of criminal record
November   2016 Racism in the work place: The 'K' word
Transfer: business or service?
Transport for night shift employees
October   2016 'Caveat subscriptor' - let the signer beware!
Witchcraft and misconduct
'Not reasonably practicable'
September   2016 Is an agreement not to use the CCMA or courts valid?
Is a Labour Court writ necessary before a CCMA award can be enforced?
The Constitutional Court considers garnishee orders
August   2016 Procedural fairness and the unprotected strike
Damages for breach of contract under the BCEA
The fairness of a disciplinary rule
July   2016 The Constitutional Court rules on demographics for Employment Equity Plans
Can an employee choose any representative in a disciplinary hearing?
Workplace rules must be known and clear
June   2016 Refusing a transfer: the borderlines of insubordination
The role of disciplinary warnings
Moonlighting: when is this allowed?
May   2016 Extending collective agreements to non-members
Can a violent protected strike be declared unprotected?
Employee of a church or servant of God?
April   2016 Categorising the dispute correctly
Extending a collective agreement to non-members of the majority union
High Court or Labour Court?
March   2016 What kind of duress results in an agreement being cancelled?
Proof of the breakdown in the trust relationship
Difficulties in proving wage discrimination
February   2016 Affirmative action: why the SAPS got it wrong
Garden leave? Another kind of notice period
Is the 'old' employer in a s197 transfer still bound by contractual obligations?
December / January   2016 The consequences of delays in pursuing a review application
What happens to the employees when a service agreement terminates?
The consequences of not participating in pre-retrenchment consultations
November   2015 Refusing to bargain with a minority union
Prescription of arbitration awards
Section 197A: Insolvency, smoke and mirrors
October   2015 The right to hire replacement labour during a lock-out.
Dismissal for refusing to take a medical examination
Invalid Disciplinary Code in the municipal sector
September   2015 What can be expected of a probationary employee?
Extending a retrenchment agreement to non-parties
Is an agreement to allow polygraph testing binding?
August   2015 Is 'zero tolerance' fair?
Must the commissioner refer to all evidence led?
Good faith & derivative misconduct
July   2015 'Deemed to be the employer'
Salary attachment orders
Constructive dismissal: the danger of resigning in haste
June   2015 The fairness of appraisal systems for a discretionary bonus
The obligation of an employer to provide transport for employees working after 18h00
What does a reinstatement order cover?
May   2015 Can an employer lock-out non-striking employees?
When is an agreement to demote an unfair labour practice?
Contracts providing for 'automatic' termination of employment
April   2015 Regional or national demographics?
Accommodating an incapacitated employee
Unfair discrimination: refusing maternity rights to a male employee
March   2015 Invalid or unfair? The LAC declares 2 previous LAC decisions wrong
When can a union bind its members in a retrenchment consultation?
Resignation v Retirement
February   2015 Employer consistency: what are we comparing?
Negligence vs gross negligence - what's the difference?
December / January   2015 Independent contractors or employees?
Team misconduct: what must an employer prove?
Communicating the strike ultimatum
November   2014 Inconsistency as part of fairness
Refusing to answer questions: when can an adverse inference be drawn?
Disclosure of the arbitrator's conflict of interest
October   2014 Refusing legal representation at the CCMA
You snooze, you lose
Errors in the arbitration award reviewable?
September   2014 Can merit ever trump an affirmative action policy?
Interdicting the employer from dismissing
When a lock-out survives a strike
August   2014 Does bumping form part of LIFO?
Substance and not form: deciding whether a business has been transferred as a going concern.
The employee's obligation to prove there was a dismissal
July   2014 Proving contempt: the LAC rules on FAWU's R500 000 fine.
Public disclosure by an employee, institutional damage to the employer.
June   2014 Reinstatement into a restructured post?
What weight should a lack of remorse and dishonesty be given as aggravating circumstances?
The SCA rules on a 'deemed dismissal'
May   2014 Skyping in a disciplinary hearing
'Unwelcome' conduct of a sexual nature
The dangers of re-employing a retired employee
April   2014 Ducking the employment relationship
Dishonesty in the application process
Can you appeal a review decision if you did not oppose the matter?
When can a judgment on appeal be implemented immediately?
March   2014 Clear thinking on consistency
'He said, she said': Relying on Hearsay evidence
Dismissing a probationary employee
Prescription - again
February   2014 The SCA rules on absenteeism to train as a sangoma
The consequences of delay in challenging irregular appointments
Does majoritarianism prevent collective agreements with minority unions?
December / January   2014 Insubordination or legitimate trade union activity?
The unreasonable arbitrator as a ground for review
Can arbitrators' awards prescribe?
November   2013 Is a collective agreement valid if it discriminates unfairly?
A labour broker's obligation to provide work
Procedural fairness in an unprotected strike
October   2013 Does an employee's freedom of conscience allow a refusal to obey instructions?
Lock-outs: limitations and consequences
Settlement agreements and orders of court
September   2013 When is a dispute a 'matter of mutual interest'?
Unfair dismissal - but no reinstatement or compensation?
Justifying a restraint of trade
August   2013 Family responsibility leave - what are the limits?
Proving facts at arbitration: When is it fair to disregard evidence of a vehicle recovery device?
When can a whistle-blower prevent a disciplinary hearing?
July   2013 What constitutes a 'meaningful joint consensus seeking process' in a retrenchment under section 189 of the LRA?
The requirements for a fair ultimatum during an unprotected strike
Can an employer compel an employee to work in an 'acting' capacity?
June   2013 'Deductions from employees' remuneration - what are the limits?'
May   2013 What constitutes 'bias' by a commissioner?
Secondary strikes: what are the legal requirements?
April   2013 The SCA rules on dreadlocks
Trade union liability for not representing its members
When can you rectify a written agreement?
March   2013 Fairness and the missing employee
The dilemma of the solitary striker
Does the CCMA have to decide jurisdictional challenges before conciliating?
February   2013 Holding a second disciplinary hearing
Joining the new employer to the dispute against the old employer
Do franchise agreements fall outside the scope of s 197 of the LRA?
December / January   2013 Overturning irregular appointments
A return to the 'reasonable employer test'?
Two companies, one employer?
November   2012 When can a lawyer represent a party at the CCMA?
Treating non-union employees differently
Compensating age discrimination
October   2012 Strike notice: who has to give it?
Payment for full-time shop stewards during a strike
Misrepresentation & settlements 'in full & final settlement'
September   2012 Appointments and Promotions
August   2012 Settlement agreements.
The consequences of not providing an interpreter during arbitration.
Whether employees who have resigned from a trade union are bound by a collective agreement signed by that trade union.
July   2012 Is it okay to use polygraphs in recruitment?
The limits of constructive dismissal
How does one go about changing conditions of employment in a large organisation?
June   2012 When is an employer bound by contracts entered into by an employee?
Terminating a fixed term contract before the completion of the project
Trade union liability for damages caused during union gatherings
May   2012 Is a transfer of shares a transfer of a business as a going concern?
When is a disciplinary matter 'urgent'?
When is a restraint of trade unreasonable?
April   2012 What is the effect of making a settlement agreement an order of court?
When is a company bound by the actions of a director?
A transfer of a business as a going concern
March   2012 Must one accept expert evidence uncritically?
Changing shift patterns
The limits of short-time
February   2012 Dismissal for refusing an illegal instruction
Challenging an order for back-pay
Publishing criticism about your employer
December / January   2012 NOTICE: Domestic workers' wages
Do all strikers have to give notice of the strike before they are protected?
Unilateral reduction in salary
November   2011 What happens when the arbitration transcript is missing?
The employee's duty to assist the employer in a disciplinary hearing
October   2011 Dreadlocks on appeal
Changing demands during a strike
Misrepresentation on a CV
September   2011 Constructive dismissal: what must a commissioner decide?
Turning to the technical point: the test for review in constructive dismissal cases
The case of polygraphs and extended suspension
Independent contractor or employee?
August   2011 During the strike: leave, public holidays, and benefits
1. Is it correct to say that a strike 'suspends' the employment relationship?
2. If the rule is 'no work, no pay', does this extend to benefits?
3. If there is a public holiday during a strike, must an employer pay for this in terms of s 18 of the BCEA?
July   2011 When does a change to the method of performing work amount to a change to terms and conditions of employment?
Deviating from the Chairperson's disciplinary sanction
Do illegally employed foreigners fall under the LRA?
June   2011 Assessing the fairness of the decision to retrench
When is an acting allowance a 'benefit'?
May   2011 Non-attendance at a con-arb in the CCMA
Dispensing with a disciplinary hearing
April   2011 Reason for dismissal : sending a clear message to other employees that conduct unacceptable
Expired warnings expired : or not really
Dealing with workplace racism
March   2011 Constitutional Court judgement opens the door for mine workers to sue their employers for health damages
Discrimination on grounds of HIV
A transfer as a going concern? - or a new company starting up?
February   2011 The SCA speaks on second-generation outsourcing
Restructuring to generate greater profits
December / January   2011 Can a client refuse to 'reinstate' a labour broker's employee?

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