Employment Law

Employment law update – Can a refusal to obey an unlawful instruction amount to a strike?

In South African Steelworks a Division of SA Metal Group (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others [2025] 3 BLLR 257 (LAC), South African Steelworks (SA […]

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Employment law update – Alleged unfair discrimination based on unequal pay

In Passenger Rail Agency of South Africa v Hoyo [2025] 2 BLLR 160 (LAC) the Labour Appeal Court (LAC) overturned the Labour Court’s (LC) finding that there had been unfair […]

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Employment law update – Dismissals for operational requirements

In South African Commercial Catering and Allied Workers Union obo Thage v Connect Financial Services (Pty) Ltd [2024] 11 BLLR 1130 (LAC) the employer embarked on a headcount reduction in […]

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Employment law update – Dismissals motivated by trade union activities

In Association of Mineworkers and Construction Union obo Maluleke and Others v Gold Plat Recovery (Pty) Ltd [2024] 10 BLLR 1043 (LC), the Association of Mineworkers and Construction Union (AMCU) […]

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Shifting from urine to saliva cannabis screening – a call for a rationally grounded drug testing system in the South African workplace

In a comprehensive study entitled: ‘Implications of the use of cannabis in the South African workplace’, I recommended South Africa’s corporate environment to move from urine to saliva drug testing, […]

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Employment law update – Redundancy processes

In Fischer Tube Technik SA v Bayene and Another [2024] 9 BLLR 917 (LAC) the appellant, Fischer Tube Technik SA (FTT), closed down the portion of its business which dealt […]

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Employment law update – What remedies are available to TES employees to enforce similar treatment?

In Bata SA (Pty) Ltd and Another v Southern African Clothing and Textile Workers’ Union obo Members and Others [2024] 8 BLLR 866 (LAC), Scribante Labour Consultants (Scribante) operated as […]

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Employment Law Update – Unfair discrimination in recruitment process

In Landman v Minister of Agriculture, Forestry and Fisheries and Another [2024] 7 BLLR 746 (LC) a white male candidate, Mr Landman, alleged that he was unfairly discriminated against on […]

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Employment Law Update – The feasibility of ‘bumping’

In SACTWU obo Members v Fyvie G N.O and Others (LC) (unreported case no D258/2020, 5-5-2024) (Norton AJ), the respondent, a father and son, managed two farming operations in KwaZulu-Natal, […]

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Employment Law Update – Is workplace drug testing subject to a blanket ban? Unpacking Enever v Barloworld Equipment

On the 23 April 2024, the Labour Appeal Court (LAC) in Enever v Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd [2024] 6 BLLR 562 (LAC) […]

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