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Maserumule Corporate Employment Law

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Maserumule Corporate Employment Law

Contact information, map and directions, contact form, opening hours, services, ratings, photos, videos and announcements from Maserumule Corporate Employment Law, Labor & Employment Lawyer, 1s floor, Tijgerpark 2, 51 Willie van Schoor Avenue, Bellville, Cape Town.

Maserumule Corporate Employment Law is a specialist practice with the core focus area of advice on all aspects of employment and law, employment and workplace relations, conflict management and dispute resolution. WHY USE US?
- We 'walk the talk'
We are a level 1 BBBEE provider, proof of our commitment to... the philosophy of black economic empowerment and employment equity.

- We have the expertise & experience
Our practitioners are all qualified lawyers or industrial psychologists with many years of legal, business and academic experience. Our unique understanding of both the theory and practice of employment law, employment relations and organisational dynamics makes us partners of choice for a large variety of organisations, large and small, across all economic sectors.

- Seamless & integrated advice
We cover the full spectrum of our client's people related needs at the workplace. Being part of the Maserumule Group, we also ensure a smooth and cost effective handling of litigation matters through our partner, Maserumule Inc.

- Return on Investment
Our many years of practice and academic experience give us the ability to understand our clients' training and learning needs and to design multi-disciplinary interventions that are both tailor-made to their learning needs and in line with best practice. OUR CLIENTS
We provide services over the whole spectrum of industries, including: media, mining, fishing, financial services, manufacturing, information technology, public enterprises, hospitality, agriculture, education, retail, various government departments and local authorities, foreign holding companies with subsidiaries in South Africa. OUR PEOPLE
Barney Jordaan (co-founder & director)
Ulrich Stander (managing partner, co-founder & director)
Christoph Garbers (director)
Lizette Oliver (consultant)
Charlene Jacobs (consultant)
Robyn Walasan (consultant)
Andrea de Jongh (consultant)
Bonita Conradie (office manager)
Karen Ensil (administrative assistant)
Lindy Fell (receptionist / personal assistant)

29/10/2026

What if a manager swears at a subordinate and physically stops her from walking away – is dismissal fair?

In this episode of our “What if” series, we unpack a recent Labour Court judgment in which an operations manager at DSV Solutions was dismissed for swearing at a subordinate and placing his hands on her shoulders to stop her leaving an argument. No injury was caused, and both employees had sworn, yet the Court upheld the dismissal as fair.

We look at the four arguments the Court rejected; provocation, the absence of a trust-breakdown witness, the lack of a zero-tolerance policy, and inconsistency and set out five practical lessons for employers on physical contact, provocation, proving trust breakdown, setting standards in the disciplinary code, and charging even-handedly.

WATCH THE VIDEO
https://youtube.com/watch?v=AKUtDWzrsic&utm_source=facebook&utm_medium=social&utm_campaign=whatif+swear+manager

LISTEN TO PODCAST
https://open.spotify.com/episode/0PK2QGOTJiPryWSFOWdurq?si=u3YPGAWhSYG2iRrY4xOkKg

26/10/2026

WEBINAR: Dealing with incompatibility – how compatible is the square peg in a round hole? 26 November

Some employees tick every box on paper yet simply don’t fit the role. Many employers struggle to navigate incompatibility, often confusing it with misconduct and following the wrong process entirely. This workshop unpacks what incompatibility really means, how to identify it, how to build a substantively fair case and what process to follow when dismissal becomes a consideration.

DATE: 26 November 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-dealing-with-incompatibility-how-compatible-is-the-square-peg-in-a-round-hole/

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

22/10/2026

Assessing Intolerability to Determine an Appropriate Remedy for Unfair Dismissal

Section 193 of the Labour Relations Act 66 of 1995 (LRA) establishes reinstatement as the primary remedy for unfair dismissal. However, the courts and arbitrators possess the discretion to award alternative remedies, such as compensation, where circumstances warrant deviation from this default position.

A significant exception is codified in section 193(2)(b), which permits the denial of reinstatement where “the circumstances surrounding the dismissal are such that a continued employment relationship would be intolerable.” This article examines the juristic development of the intolerability standard through an analysis of the Labour Appeal Court’s decision in Golden Arrow Bus Services (Pty) Ltd v CCMA and Others.

The analysis traces the procedural history of the case and evaluates the reasoning adopted at each adjudicative level to explain the evidential and legal standards applicable to determinations of remedy in unfair dismissal cases.

Read the full article by Ross Simon, WP Moolman and Ulrich Stander
READ MORE
https://www.masconsulting.co.za/assessing-intolerability-to-determine-an-appropriate-remedy-for-unfair-dismissal/

20/10/2026

WEBINAR: Conflict management and resolution – A leadership approach. 19 November

Unresolved or poorly handled workplace conflict frequently escalates into formal grievances, disciplinary proceedings or costly CCMA disputes, eroding trust, morale and productivity. This practical leadership workshop equips line managers and team leaders with the essential skills to identify, address and resolve conflict effectively, collaboratively and in line with sound employment relations principles.

DATE: 19 November 2026
DURATION: 6 hours (2 x 3 hour sessions)
TIME: 09:00 – 12:00 & 13:00 – 16:00
PRICE: R1 100 (excl VAT) per delegate

MORE INFO:
https://www.masconsulting.co.za/training-webinars-workshops/webinar-conflict-management-and-resolution-a-leadership-approach/

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

15/10/2026

What if two employees fight, then forgive each other? Can a zero-tolerance assault policy still justify dismissal?

In this episode of our "What If" series, Maserumule Corporate Employment Law unpacks the Labour Court's September 2026 judgment in DSV Solutions (Pty) Ltd v NUM obo Palmer and Others (JR 2353/22).

WATCH THE VIDEO
https://youtube.com/watch?v=GDyDDg8_Mh8&utm_source=facebook&utm_medium=social&utm_campaign=Employees-Fight

LISTEN TO THE PODCAST
https://open.spotify.com/episode/2J3r2LWN7Hx5IPwRvGmK1Y?si=Hnz7CaJOT1awGZUlDAG1lg&utm_source=facebook&utm_medium=social&utm_campaign=Employees-Fight

A pallet jack driver kicked a colleague on a client's site. That evening, the two apologised and made peace, but he was charged and dismissed. The commissioner found the misconduct proven, yet held dismissal too harsh: the incident was isolated, no injury was caused, the employee had long service, and the employer led no evidence on why corrective discipline was not an option. Reinstatement was ordered with only partial backpay. The Labour Court dismissed the employer's review.

In this episode:
- The facts and the arbitration award
- Why the Court rejected the employer's three review grounds: seriousness, apology and zero tolerance
- Why a zero-tolerance policy does not replace the fairness enquiry into sanction
- Practical takeaways for employers

Link to case: https://www.saflii.org/za/cases/ZALCJHB/2026/347.html

06/10/2026

Join us for our last ER/HR Forum of the year on 22 October at 16:00.
The New Draft EE Plan Code & Hearsay in Disciplinary Proceedings

The Department of Employment and Labour has published a Draft Reviewed Code of Good Practice that will replace the 2017 Code on the Preparation and Implementation of the Employment Equity Plan.

And when the witness will not testify, the complainant has resigned, or the only evidence is a WhatsApp screenshot, we show you how far hearsay can take you.

This practical session equips ER / HR Practitioners with clear, actionable guidance on both fronts.

We look forward to having you attend the event!

DATE: 22 October 2026
TIME: 16:00 - 17:00
COST: Free
REGISTER NOW
67fada44-a50b-4f75-8e59-a544e982a3c7@5b773765-e2c7-4f51-bc64-183e8de77ff6" rel="ugc" target="_blank">https://events.teams.microsoft.com/event/67fada44-a50b-4f75-8e59-a544e982a3c7@5b773765-e2c7-4f51-bc64-183e8de77ff6

Here's what we'll be covering:

• The Draft Reviewed Code of Good Practice on the Preparation and Implementation of the Employment Equity Plan.

Published for comment on 24 July 2026, the Draft Code aligns EE planning with the Employment Equity Amendment Act and the 2025 Regulations. We unpack what is changing and what it means for designated employers: the new trigger point for preparing a plan, the formalisation of EE Committees (agreed terms of reference and mandatory training of members), the requirement to analyse both under- and over-representation against the EAP and sectoral targets, how the five-year sectoral targets must be built into the plan, new monitoring and reporting obligations and the practical steps to take now rather than waiting for the final Code.

• Practicalities of Dealing with Hearsay Evidence in Disciplinary Proceedings.

Drawing on the Labour Appeal Court's guidance, we address the questions chairpersons and initiators face every day: what hearsay actually is, when it may be admitted in the interests of justice and how to deal with the informer who refuses to testify, the complainant who has resigned, the customer complaint by email, the investigation report and WhatsApp screenshots. We offer practical guidance for admitting, weighing and recording hearsay so that a dismissal survives scrutiny at the CCMA.

01/10/2026

What if an employee calls a manager a "white racist", is dismissal an appropriate sanction?

In this episode of our "What if" series, WP Moolman of Maserumule Corporate Employment Law unpacks the April 2026 Labour Appeal Court judgment in CSAAWU obo Vuyani Qomoyi v CCMA and Others, a matter involving Namaqua Wines.

WATCH THE VIDEO
https://youtu.be/tDikq_9gfoY

LISTEN TO PODCAST
https://open.spotify.com/episode/2T92AHLim34A25ng1LQ2sr?si=yXldkMzARsaES0tE0elWvg

A shop steward was called to the HR office to "witness" the dismissal of a black colleague, a dismissal he believed was unfair. In the heated exchange that followed, he called the white manager a "white racist". He was dismissed for "displaying racist behaviour", and both the CCMA and the Labour Court upheld the dismissal. The Labour Appeal Court came to a very different conclusion.

In this episode:
- The objective test for whether words are racist, and why context is everything
- How the commissioner presumed guilt and effectively reversed the onus
- Why the Court treated the remark as fair comment rather than racist behaviour
- The outcome: dismissal found substantively unfair and retrospective reinstatement ordered
- Five practical lessons for employers handling race-related disciplinary matters

Follow for more employment law you'll actually use.

Brought to you by WP Moolman (Partner (Equity), LLB), Ross Simon (Associate, BCom (Law) LLB, Post Graduate Diploma in Labour Law Practice), and Ulrich Stander (Director, BA LLB LLM IRDP)

30/09/2026

WEBINAR: Join our 2026 Employment Case Law Update on 29 October 2026

The past year has delivered consequential employment law judgments – from the Constitutional Court’s ruling on constructive dismissal to a pair of Labour Appeal Court decisions that draw the line between lawful affirmative action and unfair discrimination.

Join us for a power-packed 3-hour webinar where we unpack ten landmark cases from the Constitutional Court, Labour Appeal Court and Labour Court, and translate them into practical strategies you can apply immediately in your organisation.

Why Attend?:
• Decode the latest judgments with clear, practical takeaways.
• Understand where the courts now draw the line on employment equity, off-duty conduct and sanction.
• Gain insights that will help you avoid costly mistakes – including multi-million rand damages awards.
• Turn legal risk into proactive governance strategies for your workplace.

DATE: 29 October 2026
TIME: 10:00 – 13:00
PRICE: R850 per delegate (excl VAT)
REGISTER NOW:
https://www.masconsulting.co.za/register-now-2/

TOPICS COVERED AND MORE INFO:
https://www.masconsulting.co.za/training-webinars-workshops/webinar-2026-employment-case-law-update/

17/09/2026

Can an employer dismiss an employee for something they did after hours, in their own car and on their own time?

WATCH THE VIDEO
https://youtube.com/watch?v=EYsS6ARIecI&utm_source=facebook&utm%5C_medium=social&utm%5C_campaign=What+if+Drunk+Driving

LISTEN TO THE PODCAST
https://open.spotify.com/episode/4Bjmc4ETwmwWCKYM4v9A9h?si=IqoFS7NKSf64hvANNQGXKQ

In this discussion of our "What if" series, we unpack the recent Labour Court judgment in IMATU obo Sauls v City of Cape Town & Others.

A Learner Law Enforcement Officer was arrested for driving under the influence while off duty and was dismissed. At arbitration, the commissioner upheld the dismissal, finding that his job title alone linked his off-duty conduct to his employment. The Labour Court disagreed. It found the dismissal substantively unfair and reinstated him retrospectively. In June 2026, the Court also refused the City leave to appeal.

In this discussion:
✓ Why off-duty conduct can justify dismissal only where there is a genuine link (nexus) to the employer's operations
✓ Why a job title alone is not enough, even for a law enforcement officer
✓ How the City's handling of a comparable case undermined its position
✓ Why speculation cannot be an aggravating factor, and why a completed conversion programme counts in mitigation

Key takeaways for employers and HR practitioners:

✓ Show, with evidence, how the conduct affects your operations or the employee's ability to do the job. If off-duty conduct matters for certain roles, deal with it expressly in your disciplinary code or policy.
✓ Be consistent. Accepting a lesser outcome in a comparable case will count against you in the next one.
✓ Decide each charge on its own merits, and base aggravating factors on evidence, not speculation.
✓ Give proper weight to mitigating factors before deciding on dismissal.

📄 Read the judgment: https://www.saflii.org/za/cases/ZALCCT/2026/10.html
📄 Leave to appeal judgment: https://www.saflii.org/za/cases/ZALCCT/2026/90.html

15/09/2026

REINSTATEMENT DENIED: THE LABOUR APPEAL COURT AFFIRMS THAT BROKEN TRUST BARS RETURN TO WORK

The Labour Appeal Court’s (LAC) judgment in CCI Call Centres (Pty) Ltd v Pinn serves as an important reminder that reinstatement is not an automatic outcome in cases of unfair dismissal. While section 193 of the Labour Relations Act (LRA) generally makes reinstatement the preferred remedy, this case demonstrates that fairness cannot compel an employer to take back an employee when trust, the cornerstone of the employment relationship has collapsed. The judgment clarifies that fairness must be balanced between the interests of both employer and employee, particularly where misconduct destroys the viability of continued employment.

READ MORE

https://www.masconsulting.co.za/reinstatement-denied-the-labour-appeal-court-affirms-that-broken-trust-bars-return-to-work/

Address

1s Floor, Tijgerpark 2, 51 Willie Van Schoor Avenue, Bellville
Cape Town
7530

Opening Hours

Monday	09:00 - 17:00
Tuesday	09:00 - 17:00
Wednesday	09:00 - 17:00
Thursday	09:00 - 17:00
Friday	08:00 - 17:00

Website

http://www.masconsulting.co.za/

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