Legal

In Mqikela vs Pristo Response Trading, the South African Labour Court found that a supposed retrenchment had masked the real reason for dismissal. The employee had referred an unfair labour practice (ULP) dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). This case exemplifies an automatic dismissal due to ULP.

In South African corporate law, shareholders enjoy extensive rights - but face remarkably few obligations when exercising them. Directors, in contrast, are tightly bound by fiduciary and statutory duties, accountable for every decision they make on behalf of the company. This imbalance raises a critical question: Should shareholders also bear some responsibility - especially when their actions directly shape the strategic direction of a company?

A recent Labour Court judgment confirms that where employers fail to properly address grievances or mitigate the cause of an employee’s complaint, a constructive dismissal claim may succeed. In Makombe vs Cape Conference of the Seventh Day Adventists and Others, the Labour Court found that a pastor employed by the Cape Conference of Seventh Day Adventists (Cape Conference) experienced constructive dismissal.

Read our exclusive cover story titled Shareholder rights - power without responsibilities, obligations or duties! by Michael Judin, Partner, Judin Combrinck Inc, plus a host of other topical management articles written by professionals, consultants and academics.

The Western Cape Division of the High Court recently delivered a significant judgment in Noluvuyo Simayile-Sigijimi vs Road Accident Fund. This case highlighted key issues of negligence and liability in pedestrian-related road accident claims.

In the recent case of SMD Technologies (Pty) Ltd v Tavares and Another ([2024] ZALCJHB 546), the Labour Court upheld the enforceability of restraint of trade agreements in South African employment law. The court emphasised that these restraints must be reasonable and must protect legitimate business interests.

Among the greatest threats facing infrastructure development today is climate change. To mitigate the associated risks for all sector stakeholders, we urgently need to make better use of modern technologies. We also need to establish contractual frameworks that are appropriately structured from the outset.

In a significant win for taxpayers on the South African Revenue Service’s (SARS) “narrow” approach to the ability to claim input Value-Added Tax (VAT), the Supreme Court of Appeal (SCA) recently ruled in favour of Woolworths Holdings (Woolworths), the group holding company, affirming its right to claim over R8 million in input VAT.

Artificial intelligence (AI) tools are rapidly transforming legal workflows. They now accelerate research, streamline contract analysis and enhance eDiscovery. But while these tools offer impressive speed and pattern recognition, they still cannot replace the strategic judgement, foresight and nuance that define quality legal practice.

Cabinet announced on 28 May 2025 that it has approved both the National Labour Migration Policy (NLMP) 2025 White Paper and the Employment Services Amendment Bill, 2021 (ESAB). These will now proceed to implementation and submission to Parliament.