Posts Tagged ‘CCMA’
Call for Comments on the Draft Amendments to the Employment and Labour Regulations, 2005.
The Department of Employment and Labour has published the Draft Labour Law Amendment Bill, 2025 on the 28 February 2026, the Draft Bill proposes several amendments to existing labour legislation, it aims to strengthen protections for employees, enhance the effectiveness of dispute‑resolution mechanisms, and align various employment related provisions with the Constitution. The key proposed…
Read MoreCONSTRUCTIVE DISMISSAL CONFIRMED IN LANDMARK CASE AGAINST RELIGIOUS EMPLOYER
By Johnny Goldberg The judgment in Makombe vs Cape Conference of the Seventh Day Adventist and Others (C04/2023) [2025] ZALCCT 19 marked a significant moment for labour law in religious institutions, where the Labour Court set aside a CCMA award and found that the employee was constructively dismissed by her employer. The employee, a former pastor employed…
Read MorePART TIME DOMESTIC WORKERS, EVEN THOSE WORKING ONE DAY A WEEK, MAY BE ENTITLED TO EMPLOYEE BENEFITS.
Households who employ the domestic services of cleaners, cooks, gardeners and pool men – even just once a week, that they could be legally liable for employee benefits if they rendered a service beyond 24 hours monthly. Domestic workers play a critical role in the machine that is South Africa, helping households with children, cooking,…
Read MoreCostly Negligence
In a landmark ruling in Mogale and Another v National Health Laboratory Services (JS958/2019) [2024] ZALCJHB 362 (13 September 2024), the Labour Court awarded damages in favour of the National Health Laboratory Services in the amount of R22,477,891.70. This decision marks a significant victory in holding executives accountable for their actions and highlights the importance…
Read MoreDispute settlement agreement at CCMA rendered restraint of trade annulled
The Labour Appeal Court had to determine whether a settlement agreement concluded at the CCMA, extinguished the rights of the employer in so far as it related to a restraint of trade agreement. The restraint agreement provided as follows: 1. In the event of the termination of my employment with the COMPANY for any reason…
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