The South African Labour Court continues to shape employment law through landmark decisions that impact both employers and employees. As businesses navigate complex workplace dynamics, understanding recent Labour Court rulings becomes crucial for maintaining fair labour practices and protecting workers’ rights.
Recent judgments from the Labour Court have addressed critical workplace issues, establishing important precedents for employment relationships. The court’s decisions reflect a balanced approach to protecting both business interests and employee rights while ensuring compliance with South African labour legislation.
Key Labour Court developments in 2025
The Labour Court’s recent rulings provide clarity on several key workplace issues:
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Refusing to return to office
A Labour Court ruling found it was unfair for a company to fire an employee who refused to return to the office.
The court stated the instruction was not “reasonable” because there was no valid operational reason to end her remote work arrangement, and the employer failed to properly consult with her. The ruling serves as a warning that businesses cannot unilaterally end remote work without a justifiable reason and a proper process of consultation.
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Working an extra hour in probation period
A man on probation who was fired for refusing to work an extra hour lost his appeal at the Labour Court. After being asked to extend his workday, he was later accused of insubordination and negligence. The employee then tried to halt his disciplinary hearing by first claiming unfair suspension at the CCMA and then refusing to attend the hearing, arguing the CCMA process had to be completed first.
He was fired for failing to attend the hearing, a decision he challenged in court. The Labour Court upheld his dismissal, concluding that the disciplinary hearing was fair and that his refusal to attend was unfounded. The judge noted that the employee consistently challenged any commissioner who ruled against him, and found his claims of unfairness were not reasonable.
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The “following orders” defence fails
A Labour Court ruling has established that employees cannot use the “just following orders” defence for misconduct. The case involved a bank employee who falsified records under the instruction of his supervisor, leading to the dismissal of both individuals. The employee challenged his termination, arguing he was simply following a superior’s directive.
Both the CCMA and the Labour Court upheld the dismissal. The court ruled that compliance with an unlawful instruction does not excuse misconduct, and the employee had a duty to act lawfully regardless of who gave the order. The judgment reinforces that integrity is a non-negotiable part of the employment relationship, and dishonest actions – even when instructed – are a serious breach of trust that can warrant dismissal.
Impact on employment practices
Labour Court decisions continue to influence workplace policies across South Africa. Employers must carefully consider these rulings when developing internal procedures, particularly regarding probationary periods, working hours, and disciplinary actions. The court’s evolving jurisprudence suggests a continued focus on balancing employer operational needs with employee rights. Organisations must stay informed about these developments to maintain compliant workplace practices and avoid costly litigation.
