Maserumule Corporate Employment Law

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/

13/08/2026

EMPLOYING FOREIGN NATIONALS: MAJOR CHANGES ON THE HORIZON - The Employment Services Amendment Bill, 2026: what employers need to know

South Africa is entering a new era in the regulation of foreign employment. The Employment Services Amendment Bill, 2026, which forms part of government’s broader strategy under the National Labour Migration Policy, is one of the most significant reforms to the country’s labour and immigration framework in recent years. If enacted, it will replace the current sections 8 and 9 of the Employment Services Act, 2014 with a far more detailed Chapter 3A in terms of which employers will face stricter and ongoing obligations, the Minister of Employment and Labour will be empowered to set quotas for the employment of foreign nationals, and penalties will escalate.

READ MORE
https://www.masconsulting.co.za/what-employers-need-to-know-for-employing-foreign-nationals/

11/08/2026

JOIN OUR UPCOMING ER/IR WEBINARS: Initiating disciplinary hearings on 1, 2, 8 & 9 October 2026

As the initiator, the burden of proof rests squarely on your shoulders — and a weak case or poor preparation can sink even the clearest misconduct matter. This workshop equips delegates to build and present a disciplinary case with confidence, from conducting the initial investigation and drafting charges through to examining witnesses and delivering compelling opening and closing statements.

DATE: 1, 2, 8 & 9 October 2026
DURATION: 4 x 3 hour sessions (12 hours)
TIME: 09:00 – 12:00
PRICE: R1 950 (excl VAT) per delegate

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

READ MORE INFO
https://www.masconsulting.co.za/training-webinars-workshops/webinar-initiating-disciplinary-hearings-october-2026/

10/08/2026

JOIN OUR UPCOMING ER/IR WEBINARS: Managing Absenteeism And Sick Leave Abuse on 28 August 2026

Absenteeism drains productivity, disrupts teams and when left unchecked, becomes a culture. This workshop breaks down the legal framework governing absenteeism under the LRA and BCEA and equip delegates to distinguish between incapacity and misconduct when addressing different absence scenarios — from persistent sick leave and prolonged ill health to AWOL and desertion.

DATE: 28 August 2026
DURATION: 3hours
TIME: 10:00 – 13:00
PRICE: R750 (excl VAT) per delegate

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

READ MORE INFO
https://www.masconsulting.co.za/training-webinars-workshops/webinar-managing-absenteeism-and-sick-leave-abuse/

06/08/2026

JOIN OUR UPCOMING ER/IR WEBINARS: Mastering evidence in disciplinary hearings on 25 August 2026

Evidence is the backbone of every disciplinary hearing — yet misunderstanding the rules around it is one of the most common reasons outcomes are overturned. This workshop gives delegates a thorough grounding in the types of evidence they will encounter, from documentary and circumstantial evidence to polygraphs, video recordings and hearsay.

DATE: 25 August 2026
DURATION: 2 hours
TIME: 10:00 – 12:00
PRICE: R550 (excl VAT) per delegate

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

READ MORE INFO
https://www.masconsulting.co.za/training-webinars-workshops/webinar-mastering-evidence-in-disciplinary-hearings/

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/