On 28 March 2025, the Labour Court delivered its decision in Makombe v Cape Conference of the Seventh-day Adventists. The court held that the claimant pastor was constructively dismissed – even though she resigned of her own accord. The judgment confirms that an employer can be held liable not only for direct mistreatment, but
Jason Whyte
Rescission relief after a flawed Labour Court ruling
By Jason Whyte & Jessica Blunden on
In May 2025 the Constitutional Court held that, in truly exceptional circumstances, it will rescind its own earlier orders to cure a grave injustice. The employee in the case persuaded the Constitutional Court that the Labour Court had erred in failing to decide a key issue in his case.
The employee had been found guilty…
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…
South African companies’ compliance with the EU Corporate Sustainability Due Diligence Directive
By Jason Whyte & Laura Macfarlane on
Following extensive negotiations, the Council of the European Union (EU) formally adopted the Corporate Sustainability Due Diligence Directive (the CS3D) on 24 May 2024. Once fully implemented, both EU and non-EU companies, as well as their ‘upstream’ and ‘downstream’ value chains (or “chain of activities”), will be subject to mandatory human rights…
Don’t Forget to Renew Overtime Clauses
By Jason Whyte & Stacy Smit on
In February 2023 the Labour Court delivered judgment in a review of an arbitration award of the CCMA. The employees concerned were charged and dismissed for gross insubordination when they refused to obey the instruction of their manager to work overtime. The CCMA found the dismissals to be substantively fair.
During evidence at the arbitration…
Constitutional Court clarifies the use of replacement labour during strikes and lock-outs
By Jason Whyte on
This blog was co-authored by Heidi Davis, Trainee Associate
On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended.
Following unsuccessful claims in both the…
Can South African employers require their employees to undergo mandatory vaccination and testing for COVID-19?
By Jason Whyte on
South Africa is now deeply within its second wave of COVID-19 infections which appears to be significantly more widespread than that which prevailed during early to mid-2020. Since then, and in response to the pandemic, global efforts have successfully developed both expedited means of testing for the virus and, more recently, vaccines.
Employers may thus…
Six things you need to know about doing business during Alert Level 1
By Jason Whyte & Laura Macfarlane on
The national state of disaster has been extended to 15 November 2020, and a further extension is imminent. Employers must become comfortable with the regulatory framework under alert level 1. Here are six things to keep in mind to ensure your business is compliant.
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Risk assessments and workplace plans
An employer is required to have…
Five steps to take when an employee tests positive for COVID-19 in the workplace
By Jason Whyte & Laura Macfarlane on
With more employers embracing the return to work, employers must be up to speed on what is currently required when an employee becomes infected with COVID-19 at the workplace. Here are 5 practical steps to take when an employee is infected at your workplace:
Step 1: Report
If an employee is confirmed to have contracted…
Employees must accept contract changes that avoid dismissals despite s187(1)(c)
By Jason Whyte on
Section 187(1)(c) of the LRA provides that it is automatically unfair for an employer to dismiss an employee where the reason for that dismissal is the employee’s refusal to accept a demand in respect of any matter of mutual interest. In other words, seemingly an employer may not dismiss an employee who refuses to agree…