A January 2026 judgment of the Labour Appeal Courthighlights the effect of vague drafting within a settlement agreement.
An employee’s alleged unfair dismissal dispute was settled on the basis that “the [employer] agrees to assist with the completion of the forms as required by the [employee], as applicable to the employer.”
The employee
On 26 February 2026, the Minister of Employment and Labour published the Labour Law Amendment Bill, 2025 for public comment (the Bill). The Bill proposes wide-ranging amendments to the Labour Relations Act, 1995 (LRA), Basic Conditions of Employment Act, 1997 (BCEA), Employment Equity Act, 1998 (EEA), the
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.
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
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
Facial recognition technology is becoming increasingly common in South African workplaces for maintaining attendance and security, but is it legally permissible?
In November 2025 the Kenyan courts found that an employer’s use of facial recognition is unconstitutional and unlawful.
Let’s unpack why.
As we learn from the Kenyan court’s approach to the use of facial
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
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
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
