Tag: employment law

Angry employers too often fire errant employees in anger. However, there is no place for anger in the implementation of discipline. This is because the resultant hasty action is likely to trip the employer up at the CCMA. This risk is central when firing employees in anger. A case in point is that of Marcel Pharmacy (Pty) Ltd vs Justine Afrika (SAFLII 11 March 2026, Labour Court case NO: C337/2023). Here, the employee switched off the lights of the pharmacy where she worked.

The law entitles charged employees to a fair and sufficient opportunity to prepare for the disciplinary hearing. They must also be allowed to testify on their own behalf, bring corroborative evidence and cross-examine the employer’s witnesses. In addition, employees have the right to use an interpreter, receive representation and have an impartial chairperson preside over the matter.

Over-indebtedness is becoming a pervasive issue in South Africa. It carries profound legal, psychological and social consequences. Beyond its clear economic impact, excessive debt has been linked to deteriorating mental health, impaired decision-making, and reduced functional capacity. These effects raise a critical question for employment law: to what extent can over-indebtedness constitute incapacity or serve as a mitigating factor in cases of employee misconduct?

AI-driven recruitment raises critical concerns about bias, fairness and legal accountability in modern hiring practices. There is mounting foreign case law that provides both employers and Artificial Intelligence (AI) developers with significant food for thought.

‘Conflict of interest’ means different things to different people - just ask the miscreants who were fingered in the state captured report, who will provide you with an assortment of different definitions to explain away their indiscretions.

In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant. The speedy resolution of labour disputes has long been a core principle of employment law.

June 23rd was Africa Public Service Day, when we were urged to give thanks for our public servants and the work they do. There were no street marches of banner-waving civil servants to mark the occasion, but there was a special media release issued by the Public Servants Association (PSA).