Category Archives: Employment and Labour Law

Whistleblower Reinstated: Protected Disclosures Act to the Rescue

The “Whistleblower’s Act”, formally known as the Protected Disclosures Act, encourages employees to expose corruption, criminal activity and other wrongdoing in the workplace. But what protections does the Act actually give whistleblowers? And what steps should employers and employees take to ensure they comply with it? We’ll answer all of these questions in the context of a recent Labour Court decision to reinstate a manager who was ostensibly fired for breaching ICT policies.

How to Protect Your Company from Unlawful Springboarding

Your top employee resigns and immediately opens up a new business in direct opposition to you. Using your software, your client relationships and your business methods to springboard their new start-up and poach your clients. We discuss, in the context of a recent High Court case, how our law can help you put a stop to that sort of unfair competition. And we share some tips on how to protect yourself from it in the future.

Bad Manager or Workplace Bully? Where the Law Draws the Line

Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line?
A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. If you’ve ever wondered whether a harassment claim would succeed against your employer, or whether your management style exposes your business to legal risk, the answer may surprise you.

Workplace Sexual Harassment: It’s the Victim’s Perspective That Counts

“Sexual harassment is the most heinous conduct that plagues the workplace.” (Extract from the judgment below) Our courts have no tolerance for sexual harassment in the workplace, stressing that, at its core, it is concerned with power dynamics at work. A recent Labour Court decision has confirmed that in assessing whether or not an employee […]

Alcohol at Work: The Cough Mixture Defence

“The employer shall ensure, as far as is reasonably practicable, that all persons who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.” (Occupational Health and Safety Act) The season of goodwill, holidays, celebrations, and year-end functions is upon us once again. And with it comes […]

Parental Leave: Out With the Old, in With the New

“Raising kids is part joy and part guerilla warfare.” (Ed Asner, actor with a great sense of humour!) A game-changing judgment from our Constitutional Court sets out new rules for parental leave. The joy of becoming parents, and a father’s leave dilemma The birth of a couple’s first child presented them with both a bundle […]

As the 1 December deadline is postponed again, here’s What AARTO will mean for Motorists and Employers in July 2026

“Forewarned is forearmed.” (Wise old proverb) Government keeps assuring us that the long-delayed AARTO (Administrative Adjudication of Road Traffic Offences) system will finally begin its full national rollout on 1 December 2025. Is this another false start or the real thing this time? There have been so many false starts to AARTO over the last […]

Honesty at Work: A 50c Coin Costs a Bank Teller Her Job

“There’s no trust, no faith, no honesty in men.” (William Shakespeare, in Romeo and Juliet) A recent Labour Court decision is a stark reminder to employees that an employment relationship is founded on trust, and that any breach of that trust could justify dismissal. Pocketing a 50c coin to balance her till The responsibilities of […]

What’s the Normal Retirement Age? It’s Complicated, as The Plumber’s Tale Proves

“When cognitive capacities are the focus, the 70s are the new 50s.” (IMF) Fake news articles suggesting that South Africa was implementing a new standard retirement age policy, supposedly from 30 May this year, recently went viral on social media. Convincingly structured to look realistic (AI’s dark hand there?), the articles suggested that 65 is […]

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