In February 2026, the Labour Court ruled that an employer’s decision to unilaterally abolish the contractual payment of a 13th cheque to its employee amounted to a breach of contract. The court emphasised the trite position that contractual obligations are not optional and cannot be mischaracterised as a workplace practice to avoid obligatory fulfilment.
Heidi Davis
Labour Appeal Court clarifies the treatment of plea bargain agreements in disciplinary proceedings
By Heidi Davis on
In a January 2026 judgment, the Labour Appeal Court clarified the effect of a plea bargain agreement within internal workplace disciplinary process. Although such agreements are a useful and accepted feature of labour relations, they do not necessarily bind disciplinary chairpersons, and mishandling them can render a dismissal procedurally unfair.
Although more commonplace in…
Labour Court clarifies what constitutes just and equitable compensation for unfair dismissals
By Heidi Davis on
Employers should take careful note of a December 2025 judgment by the Labour Court wherein the principles applicable to determining what constitutes “just and equitable” compensation for substantively unfair dismissals were clarified, with the court confirming that compensation is not automatically limited to an employee’s actual financial loss.
The matter arose from the dismissal of…
Labour Appeal Court clarifies the law on tendering services and prescription in section 197 transfer claims
By Jason Whyte & Heidi Davis on
Employers undertaking restructuring or outsourcing should take careful note of an August 2025 judgment by the Labour Appeal Court (LAC) wherein it was found that, due to the automatic nature of section 197 transfers between employers, employees need not tender their services to the new employer to enforce their rights. The LAC re-affirmed…
Principles of common purpose doctrine for violence during strike action
By Heidi Davis on
In a January 2024 judgment the Labour Court reaffirmed the principles pertaining to the doctrine of common purpose in relation to violent acts committed by groups of employees during strike action.
In November 2018, about 2500 employees of a pharmaceutical retailer embarked on a protected strike which was subject to picketing rules. Following non-compliance with…
Increase in the National Minimum Wage effective 1 March 2024
By Heidi Davis on
This blog was co-authored by Likho Chitha, Candidate Attorney
On 1 February 2024, the Minister of Employment and Labour increased the national minimum wage by 8.5% from R25.42 to R27.58 for each ordinary hour worked from 1 March 2024.
The increase will apply to most workers, including farm workers and domestic workers whose minimum…