Maserumule Corporate Employment Law

30/07/2026

Nine employees gather outside the gate at lunchtime. They sing, they dance, they carry placards. Six weeks later all nine are dismissed for an illegal picket. Their defence? They were rehearsing for a colleague's wedding.

WATCH THE VIDEO
https://www.youtube.com/watch?v=bPB3hcum-9I&utm_source=facebook&utm_medium=social&utm_campaign=what_if_wedding_rehearsal_picket

LISTEN TO THE PODCAST
https://open.spotify.com/embed/episode/6PVAz8HCTnw6xKkiMEMJME

In this episode of our "What if" series, we unpacks the Labour Court's decision in AMCU obo Sebalela Agreement and 9 Others v Fraser Alexander (Pty) Ltd — and asks whether that dismissal was fair.

We cover:
• What the LRA actually requires before conduct counts as a strike or a picket (and why a lunch break isn't working time)
• The evidentiary collapse: missing CCTV, a hard drive "hijacked in transit", eyewitnesses never called
• Why the employer couldn't prove prejudice — including a pump reset by one of the dancing employees
• The procedural cost of HR advising management not to engage
• Reinstatement as the primary remedy

Six practical takeaways for employers on characterising collective conduct, preserving evidence, and issuing ultimatums before it's too late.

Follow for more employment law you'll actually use. 💼⚖️
Brought to you by Ross Simon (Associate, BCom (Law) LLB, Post Graduate Diploma in Labour Law Practice), WP Moolman (Partner (Equity), LLB) and Ulrich Stander (Director, BA LLB LLM IRDP)

Read the full judgment:
https://www.saflii.org/za/cases/ZALCJHB/2026/215.html

Nine employees gather outside the gate at lunchtime. They sing, the...

28/07/2026

Comply now – Complain later: A Labour Appeal Court Lesson on Insubordination and Fair Sanctions

The Labour Appeal Court’s decision in Department of Correctional Services v TD Kutu serves as a stark reminder that even long-serving employees cannot escape the consequences of deliberate insubordination. This case reinforces the principle of “obey now and grieve later” while clarifying the limits of mitigation in disciplinary proceedings. The judgment provides guidance for employers and employees across all sectors regarding the delicate balance between considering length of service and maintaining workplace discipline.

READ MORE
https://www.masconsulting.co.za/comply-now-complain-later/

The Labour Appeal Court's decision in Department of Correctional Services v TD Kutu serves as a stark reminder that even long-serving employees cannot escape the consequences of deliberate insubordination. This case reinforces the fundamental employment law principle of "obey now and grieve later" w...

23/07/2026

WEBINAR: Managing Employment Relations (MER) - 3, 4, 6 & 7 August 2026

Discipline, incapacity, and dismissal are the moments that test every manager — and where getting it wrong can be costly. This workshop equips managers / supervisors to handle misconduct, poor performance, and ill health processes fairly and with confidence. Delegates will master the legal essentials and learn to conduct disciplinary and incapacity processes that are both substantively and procedurally fair. Through real-world case studies and role plays, delegates will leave not just informed — but prepared.

DATE: 3, 4, 6 & 7 August 202
DURATION: 4 x 3 hour Sessions (12 hours)
TIME: 09:00 – 12:00
PRICE: R1 950 per person excl VAT

MORE INFO:
https://www.masconsulting.co.za/training-webinars-workshops/webinar-managing-employment-relations-mer-august-2026/

REGISTER NOW:
https://www.masconsulting.co.za/register-now-2/

16/07/2026

What if an employer dismisses a medically incapacitated employee without investigating reasonable accommodation such as alternative duties?

WATCH THE VIDEO
https://youtu.be/_ClBm389cLk

LISTEN TO THE PODCAST
https://open.spotify.com/episode/5Ejw7rz9ik0vPJQ2dMjFTO?si=o6vCeu3TRvuQEGHqGxKxpQ

In this episode of our "What if" series, we unpack a costly lesson for employers: incapacity is not misconduct, and dismissal for ill health is only fair if it is genuinely the last resort.

We examine the recent Labour Court judgment in Solidarity v Cape Peninsula University of Technology and Others, in which the dismissal of a long-serving administrator suffering from anxiety, depression and physical injuries was declared substantively unfair — at a cost of eleven months' remuneration, just under R498,000, in compensation.

The discussion covers:
Why an incapacity enquiry must rest on a proper medical foundation, not a performance narrative dressed up in medical language.

Why the duty to accommodate lives in the present — historical transfers will not discharge an employer's obligations during the actual incapacity process.Why medical boarding is an obvious alternative to dismissal that must be meaningfully engaged with, even if raised late and even if the employer doubts it will succeed.Where the onus lies: it is for the employer to prove that dismissal was truly the last resort

Whether you are an HR practitioner, line manager, employer or employee navigating ill-health incapacity, this episode offers practical guidance under the Code of Good Practice: Dismissal.

Follow for more employment law you'll actually use. 💼⚖️

02/07/2026

What if a single emoji in a work email could cost you your job?

In this episode of our "What if" series, we unpack a recent Labour Court decision in which an employee's disrespectful emails — including a reference to a "fist emoji" and a menacing remark aimed at a colleague who had been assaulted at work — formed part of the misconduct that ended his career.

WATCH THE VIDEO
https://youtu.be/rBM80XFec5E

LISTEN TO PODCAST
https://creators.spotify.com/pod/profile/maserumule-corporate-law/episodes/What-if-a-single-emoji-in-a-work-email-could-cost-you-your-job-e3li9r7/a-acoc5ld

We look at how the courts treat tone and electronic communication in the workplace, why context can turn an ordinary message into serious misconduct, what happens when an employee relies on a document that turns out to be fabricated, and when an employer may lawfully proceed with a disciplinary hearing in an employee's absence.

Key takeaways for employers and employees alike:

• How you communicate is itself conduct — emails, messages, even emojis can amount to misconduct.
• Context is everything — the same words can be harmless in one setting and menacing in another.
• If you rely on a document, be ready to prove it's genuine; the onus sits with you.
• Fair warning matters before a hearing proceeds in an employee's absence.

Follow for more employment law you'll actually use. 💼⚖️
Brought to you by Ross Simon (Associate, BCom (Law) LLB, Post Graduate Diploma in Labour Law Practice), WP Moolman (Partner (Equity), LLB) and Ulrich Stander (Director, BA LLB LLM IRDP)

Case link: https://www.saflii.org/za/cases/ZALCCT/2026/69.html

02/07/2026

JOIN OUR WEBINAR: Managing incapacity: poor performance on 20 July 2026

Addressing poor performance requires a careful, structured process. This workshop clarifies exactly when and how to formalise the incapacity process, from effective counselling and managing probation through to instituting a fair and compliant poor performance procedure.

DATE: 20 July 2026
DURATION: 3 hours
TIME: 10:00 – 13:00
PRICE: R750 (excl VAT) per delegate

MORE INFO
https://www.masconsulting.co.za/training-webinars-workshops/webinar-managing-incapacity-poor-performance/

REGISTER NOW
https://www.masconsulting.co.za/register-now-2/

25/06/2026

Beyond Operational Needs – The Real Motive Behind the Retrenchment.

Retrenchments are among the most carefully scrutinised forms of dismissal in South African labour law. The Labour Relations Act 66 of 1995 (LRA) permits employers to dismiss employees for operational requirements, but only where such dismissals are both substantively and procedurally fair. Employers must show that the retrenchment is truly necessitated by structural, economic, or technological considerations and not used as a pretext to coerce employees into accepting disadvantageous contractual changes.

This principle was central in Oily SA (Pty) Ltd v CCMA and Others , where the Labour Court had to determine whether a purported retrenchment was in fact a camouflaged dismissal stemming from an employee’s refusal to sign a revised employment contract.

READ MORE
https://www.masconsulting.co.za/beyond-operational-needs-the-real-motive-behind-the-retrenchment/

View the full case: Oily SA (Pty) Ltd v CCMA and Others
https://acrobat.adobe.com/id/urn:aaid:sc:EU:f5460f4a-5604-4f0d-bccf-2fadb2bfe651

18/06/2026

What if an office romance ends in a dismissal? When does the dismissal become automatically unfair?

South Africa, 2026. An HR manager had a consensual relationship with her company's COO. Here's the twist — he wasn't even an employee. He was an independent contractor.

The relationship ends. And here's the part to remember — he ended it. Soon after, her promotion gets frozen, things turn hostile at work, complaints pile up against her, and she's dismissed.

Her argument? The whole dismissal was payback for the breakup. So she calls it quid pro quo harassment and goes for automatically unfair dismissal.

But there's one problem. There was no harassment. Quid pro quo means demanding favours, or punishing someone for refusing them. None of that happened here. He ended the relationship — she was never coerced into anything. And if there was no harassment, then her dismissal couldn't have been caused by resisting it. So the claim was dismissed.

So what's the lesson for employers? Three things. One — you're liable for harassment by your employees, not by independent contractors. Two — but you can still be liable if you let someone else's grudge drive a dismissal, so always keep that decision independent and defensible. And three — a relationship that ends badly is messy, but messy isn't the same as unfair.

This episode unpacks the key takeaways from the recent Labour Court judgment in Masimla v Pioneer Fishing for HR professionals and business leaders.

Brought to you by Ross Simon (Associate, BCom (Law) LLB, Post Graduate Diploma in Labour Law Practice), WP Moolman (Partner (Equity), LLB) and Ulrich Stander (Director, BA LLB LLM IRDP)
Case link: https://www.saflii.org/za/cases/ZALCCT/2026/65.html

WATCH THE VIDEO
https://youtu.be/11DcuuiNmaQ

LISTEN TO PODCAST
https://creators.spotify.com/pod/profile/maserumule-corporate-law/episodes/What-if-an-office-romance-ends-in-a-dismissal--When-does-the-dismissal-become-automatically-unfair-e3kv17g

Watch our video chat twice a month where we discuss interesting topics, pose questions and provide thought-provoking answers

16/06/2026

JOIN OUR WEBINAR: Substance abuse and the Workplace on 24 July 2026

Zero tolerance sounds straightforward — until a positive test, a privacy challenge, or unreliable breathalyser result turns your disciplinary case on its head. This workshop unpacks the critical legal distinctions between being under the influence, intoxicated and merely testing positive, with a sharp focus on alcohol and cannabis in the workplace.

DATE: 24 July 2026
DURATION: 3 hours
TIME: 10:00 – 13:00
PRICE: R750 (excl VAT) per delegate

MORE INFO
https://www.masconsulting.co.za/training-webinars-workshops/webinar-substance-abuse-and-the-workplace/

REGISTER NOW
https://www.masconsulting.co.za/register-now-2/