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
The Labour Appeal Court and Labour Court have announced the implementation of the Court Online digital case management platform, effective 14 April 2025, by way of two separate directives. The introduction is a leap forward for these specialised courts, effectively promoting the principle of expeditious dispute resolution as envisaged by the Labour Relations Act, 1995
In light of the proposed amendments detailed in Parts I and II of this article, which discussed the proposed amendments to the Labour Relations Act, 1995 (LRA), the Basic Conditions of Employment Act, 1997 (BCEA), the National Minimum Wage Act, 2018 (NMWA), and the Employment
Proposed Amendments to the Basic Conditions of Employment Act, National Minimum Wage Act, and the Employment Equity Act
Building on the foundation laid out in Part I, which discussed the proposed amendments to the Labour Relations Act, 1995 (LRA), Part II will delve into the changes being suggested for the Basic Conditions