Browsing: employee rights

Ann-Suhet Marx explains the rights, responsibilities and legal protections shaping South African workplaces for both employees and employers.

Two days before Christmas, the Labour Court in Gqeberha stopped Distriliq George from retrenching 42 employees, citing serious procedural failures and ordering urgent reinstatement pending proper consultation.

The Labour Court upheld a finding of unfair dismissal compensation after ruling that Lucchini dismissed a senior employee for seeking alternative work, reducing the award to six months while condemning the employer’s conduct.

Long-serving Mushrooms and Things driver Nkosemvele Hubert Magwanya has won a Labour Court battle after being dismissed for taking December leave during a company-imposed Covid-19 leave freeze, with the court ordering reinstatement and back pay.

Adele Lewis has won her constructive dismissal claim after the Cape Town Labour Court found her employer mishandled medical leave and reversed Covid-era remote work arrangements, destroying trust and making continued employment intolerable.

The Financial Services Tribunal has confirmed that employees are entitled to withdraw their provident fund benefits even during ongoing labour disputes, reinforcing that fund rules cannot be overridden by employers.

An employer convicted of workplace assault receives a suspended sentence and must pay R150 000 compensation.

After more than 20 years, the Labour Court orders fresh arbitration in SARS Hay grading disputes to ensure fair treatment of employees.

The Financial Services Tribunal ruled that Capitec failed to prove dishonesty and set aside the debarment of employee Mhleli Gwala.

The Labour Court has overturned a constructive dismissal finding against Drakenstein Municipality, reinforcing that employees must exhaust grievance procedures and prove intolerable conditions before resigning.