Smoking, including the sale, advertising and packaging of tobacco products) is regulated by the Tobacco Products Control Act 83 of 1993. In May 2018, the legislature invited public comment on the Control of Tobacco Products and Electronic Delivery Systems Bill, comment on which closed on 8 August 2018 and the Bill has now gone to Parliament for review. It is … Read More

Being in jail a good reason for dismissal for not being at work?

In the case of Samancor Tubatse Ferrochrome v MEIBC (Maloma & Stemmet NO) [2010] (Labour Appeal Court), the employee had been arrested on suspicion of armed robbery and he was remanded in custody. Ten days later (still in jail) he was informed by letter from his employer that he was dismissed for “incapacity”. He remained in custody for about 5 … Read More

Labour Law amendments : Parenting matters

In November last year, the Labour Law Amendment Act, 2015 was passed by Parliament. It brings good news for new parents, including same-sex couples and parents that adopt or surrogate. An employee who is the parent of a child may take at least 10 consecutive days of parental leave, which commences on the day the child is born or adoption … Read More

27 September 2017: National Stay-Away Campaign

The Congress of South African Trade Unions (COSATU) has called on all workers to stage a socio-economic strike, or a national stay-away, on Wednesday 27 September. It results from a Section 77 Notice issued by COSATU in July 2017 to Nedlac, which was approved by Nedlac in August. Section 77 relates to the S77 of the Labour Relations Act which … Read More


Remember – before you resign from your job, think carefully about your decision. In the recent matter of Bawsi Agricultural Workers Union of South Africa on behalf of Hansen vs Standard Bank, the CCMA found that the employee, Ms Hansen, had unilaterally resigned and was required by the Bank to work out her notice. A little bit of history. The … Read More

Dismissal for Unprotected Striking

An unprotected strike is a strike that is not given any legal standing. It includes withholding labour, refusing to carry out instructions or stopping work and being disruptive in order to gain something from the Employer. In the matter of National Union of Mineworkers v Power Construction (Labour Court judgement delivered July 2016), the employees embarked on refusing to work, … Read More

CCMA: Means test for assistance with enforcement of CCMA awards

Press Statement dated 29 June 2017 Employees who have had awards issued in their favour but cannot afford the costs of enforcing or executing the awards (the sheriffs’ fees) can now approach the CCMA for assistance. This service is only intended for those employees who are too indigent to afford the costs of enforcement or execution. The CCMA has deemed … Read More

Late Application – What’s reasonable?

Review of condonation ruling – Commissioner has a sole discretion to decide on the condonation application – good cause inquiry is not only limited to the degree of lateness, explanation for the delay, prospects of success, and prejudice, – condonation ruling may be decided using the reasonableness test. Late applications have, till now, only had to deal with, inter alia, … Read More

Jurisdiction of the CCMA

Employees dismissed for contravening employer’s disciplinary code – stole watermelons belonging to a client. CCMA confirmed dismissals after they lodged unfair dismissal claim. Employees took the decision of the CCMA on review in the Labour Court, challenging the award on the validity of their dismissal as well as challenging the validity and lawfulness of the General Manager’s decision to overturn … Read More


The recent Constitutional Court matter of Myathaza v Johannesburg Metropolitan Bus Services (SOC) Limited t/a Metrobus and Others (2016) ZACC 49 (15 December 2016) is of importance. The employee was dismissed in 2009, the arbitrator ordered reinstatement. The employer took the award on review, but did not drive the matter to its conclusion. This might have been tactic in the … Read More