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Filter: Employment law
South Africa’s Parental Leave Rules Have Been Updated

17 November 2025,  Alno Smit

On 3 October 2025, the Constitutional Court delivered a landmark decision in Van Wyk and Others v Minister of Employment... and Labour & Others (CCT 308/23) [2025] ZACC 20, fundamentally reshaping the law on parental leave in South Africa.

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525
Article
Exaggerating Your CV Could Get You Fired

05 May 2025,  Ethan Du Toit

What happens if an employee has met the general requirements for a particular job and is appointed accordingly, but has... lied about key aspects on their CV? Can an employer fairly dismiss such an employee even though the employee meets the general requirements for the particular role? The article will explore this question through the recent case of Lesedi Local Municipality v Mphele and Others.  

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621
Article
Considering the CCMA? Here Is What You Need to Know

05 July 2024

A lack of information or comprehension of the Commission for Conciliation, Mediation, and Arbitration (Hereinafter the “CCMA”) and its processes... can prevent the public from taking advantage of the commission's accessible and low-cost services, causing frustration. For those unfamiliar with labour laws and not part of the legal profession, navigating the CCMA can seem intimidating due to its complex rules and procedures. However, understanding these processes reveals that the CCMA is more accessible than perceived. This article aims to address frequently asked questions about the CCMA’s rules and procedures.

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2949
Article
Are You Considered an Employee in Terms of the Labour Relations Act?

03 May 2024

There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are... protected under the Labour Relations Act or not. More often than not, independent contractors believe that they have signed employment contracts as employees, when, in reality, they have signed independent contractor agreements and, in laymen terms, have signed ‘their rights away’. That is, their rights under the Labour Relations Act (LRA). This article explores the differences between an independent contractor and an employee, and what factors to take into account in determining each, respectively.

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2507
Article
A refusal to work overtime: what do you need to know?

08 May 2023

Can you refuse to work overtime? If so, can you be dismissed for refusing to work overtime? Also, can a... tacit agreement become enforceable to compel an employee to stay and work overtime? These are all questions that were posed and answered in the recent Labour Court judgment of AMCU obo Mkhonto and Others v Commission for Conciliation, Mediation and Arbitration (CCMA)  and Others, and reminds employers on what to do should their business rely on overtime work.

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8999
Article
Precautionary suspension of an employee - what are the requirements?

02 November 2022,  Gerhard Smit

Employers are often challenged on the fairness of the precautionary suspension of an Employee. The inherent fairness criteria have been... impacted by the decision of the Constitutional Court in Long vs South African Breweries (Pty) Ltd and others (2018) ZACC 7.

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4568
Article

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