Tag: Ivan Israelstam

To have a chance of winning a case at the Labour Court, a party must present proof to the judge. In the case of Malekunutu vs Joburg Bolt (Lex Info 17 January 2025. Labour Court case number JR1806/21), the employee faced retrenchment. The employer claimed financial difficulties as the reason for this decision.

When an employee proves that their resignation was not voluntary but forced by the employer’s conduct, it becomes a constructive dismissal. In the case of Makombe vs Cape Conference of the Seventh Day Adventists (Lex Info, 28 March 2025, Labour Court case number CO4/2023), Makombe - a female pastor - raised several workplace complaints.

In South Africa, labour law is designed to protect employees from unfair dismissal. The Commission for Conciliation, Mediation and Arbitration (CCMA) requires employers to tread carefully, especially when navigating fixed-term contract terms.  

In Bithrey vs Department of Health, Gauteng (Lex Info, 7 October 2024, Case number JR1478/22, Labour Court), Bithrey worked as a registrar. The employer appointed her to perform clinical work at one of its hospitals. It also required her to enroll at Pretoria University for a period of five years.

The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer is reluctant to establish a precedent of granting such large increases, then demanding such a significant raise may not be considered reasonable from their perspective.

The law makes it compulsory for employers to consult with the potential retrenchees or with their representatives before deciding to retrench. Despite this, employers often refuse to allow the employees to bring external representatives to the consultation meetings.

The law affords employees the following procedural rights before being dismissed for misconduct or poor performance:

Workplace rebellion can bring the company to its knees. The most typical form of rebellion known in South Africa is industrial action. Such rebellion...

In common law employers and employees have the obligation to treat each other fairly and within the law.

Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence.