Maserumule Corporate Employment Law

04/06/2026

What if an employer dismisses a whistleblower for breaching IT rules? What are the legal considerations and implications?

WATCH THE VIDEO
https://youtu.be/_Sny9jTzpiw

LISTEN TO THE PODCAST
https://open.spotify.com/episode/1SNPT5Ciz3agJ2944qBMCt?si=RTVsWSXNQtG3WNEcbJ72JA

In the matter of Abrahams v National Student Financial Aid Scheme (NSFAS), an employee was dismissed for emailing company documents to his personal account after reporting alleged procurement irregularities to the Special Investigating Unit (SIU).

The Labour Court found the dismissal automatically unfair, holding that the employer's reliance on its IT policy was merely a pretext to identify and punish the whistleblower.

The judgment reinforces the protections afforded by the Protected Disclosures Act and confirms that courts will look beyond the stated reason for dismissal to uncover the true motive behind disciplinary action.

Learn the three key takeaways on protected disclosures, whistleblower protection, and the risks employers face when using disciplinary processes to retaliate against employees who expose wrongdoing.

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/2026/25.html

02/06/2026

Join us for our next online ER / HR Forum on 18 June at 16:00.
INCONSISTENCY IN MISCONDUCT DISMISSALS & LEVERAGING AI IN ER AND EMPLOYMENT LAW – ARE YOU UP TO SPEED?

Recent Labour Court judgments have sharpened the application of the parity principle in disciplinary matters, while Artificial Intelligence is rapidly transforming ER practice. This session delivers clear, practical guidance on both critical areas every employment law and employee relations practitioner needs.

DATE: 18 June 2026
TIME: 16:00 - 17:00
COST: Free
REGISTER NOW:
417d71da-374c-40e8-a37c-bcab2699320e@5b773765-e2c7-4f51-bc64-183e8de77ff6" rel="ugc" target="_blank">https://events.teams.microsoft.com/event/417d71da-374c-40e8-a37c-bcab2699320e@5b773765-e2c7-4f51-bc64-183e8de77ff6

Here's what we'll be covering:

* Inconsistency in Misconduct Matters: Lessons from the Labour Court

Drawing on two key judgments — City of Cape Town v SAMWU obo Mlungwana (contemporaneous inconsistency and the “zero tolerance” policy) and Buthelezi & Others v Rand Water (distinguishable misconduct and limits of the parity principle). We examine when selective discipline renders a dismissal substantively unfair, when differentiation is justifiable, and how courts weigh misconduct seriousness, group collusion and context.

* How to Integrate AI with ER and Employment Law Advice: Practical Applications, Benefits, Risks and Recommendations

Explore practical ways to integrate AI into ER and employment law practice, from rapid case research and drafting disciplinary charges/notices to policy development and risk analysis. We’ll cover the significant efficiency and consistency benefits, key risks (including hallucinations, bias, data privacy and accountability), and practical recommendations for responsible, defensible use.

Don’t miss this practical and forward-looking session. Reserve your spot now!

/HRForum -PoweredEmploymentLaw

27/05/2026

A Chocolate Bar and a Claim of Dismissal: The Labour Court Clarifies When a Resignation Is Final.
When does a resignation become legally binding? Can an employee who verbally resigns with an apologetic chocolate bar later claim they were unfairly dismissed?

This very question came before the Labour Court in Vericred Collections (Pty) Ltd v Moloto and Others. At the heart of the dispute was whether an employee who had expressed a clear intention to leave for a competitor was in fact dismissed when asked to leave immediately without serving her notice period.

The Labour Court, in a thorough and reasoned judgment, ruled decisively: there was no dismissal, only a resignation. The employee’s conduct left no ambiguity as to her intention, and the company’s actions did not convert the resignation into a dismissal. This case provides valuable guidance to both employers and employees on the legal meaning of resignation and the consequences of how such departures are managed.

READ MORE
https://www.masconsulting.co.za/a-chocolate-bar-and-a-claim-of-dismissal-the-labour-court-clarifies-when-a-resignation-is-final/

In today’s high-pressure work environments, performance pressure and expectations are often stringent, particularly in industries requiring tight deadlines and large-scale project ex*****on. Explore how the Samson v CCMA case clarifies the line between poor performance and misconduct — and what ...

22/05/2026

Join us for the webinar: Conflict management and resolution – A leadership approach on 24 June

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: 24 June 2026
DURATION: 2 X 3-hour sessions (total 6 hours)
TIME: 09:00 – 12:00 & 13:00 – 16:00
PRICE: R1 100 per person excl VAT

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

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

21/05/2026

What if an employer treats the same act of misconduct by two employees differently. What are the overarching legal considerations and implications?

In the matter of The City of Cape Town v SAMWU obo Mlungwana, an administrative clerk was dismissed for overstating his overtime by just 14 minutes under the City’s strict “zero tolerance” dishonesty policy. Yet his direct supervisor committed the identical offence on the same day (overstating by 9 minutes) and was not even charged.

The Labour Court found the dismissal substantively unfair due to contemporaneous inconsistency, ordering reinstatement.

The judgment reinforces the constitutional principles of equality and fair labour practices: like cases must be treated alike unless there is an objective justification for differentiation.
Learn the three critical takeaways on procedural consistency, the dangers of selective “zero tolerance” enforcement, and why minor timing differences will not justify disparate treatment.

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)

WATCH THE VIDEO
https://youtu.be/T4of_DJZca8

LISTEN TO THE PODCAST
https://open.spotify.com/episode/2wzcT5F8SSgLojJSizdWlA?si=qn3-N3ByRJqJ5UedQZ2bcw

Maserumule Employment Law Podcast · Episode

21/05/2026

Join us for the webinar: Dealing with incompatibility – how compatible is the square peg in a round hole? on 22 June

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: 22 June 2026
DURATION: 3 hours
TIME: 10:00 – 13:00
PRICE: R750 per person excl VAT

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/

20/05/2026

Join us for the webinar: Investigating workplace misconduct and drafting disciplinary charges on 10 & 11 June

A poorly drafted complaint or a flawed investigation can unravel even the strongest disciplinary case. This workshop takes delegates step by step through conducting workplace investigations, interviewing witnesses, gathering evidence and drafting disciplinary notices that are accurate, fair and legally sound.

DATE: 10 & 11 June 2026
DURATION: 2 x 3 hour sessions (6 hours)
TIME: 09:00 – 12:00
PRICE: R750 per person excl VAT

MORE INFO
https://www.masconsulting.co.za/training-webinars-workshops/webinar-investigating-workplace-misconduct-and-drafting-disciplinary-charges/

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

08/05/2026

Join us for the upcoming webinar: Managing Employment Relations (MER) 25, 26 May & 1,2 June 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.

Why attend?

* Maintaining Trust – how to manage and address misconduct and incapacity whilst maintaining a relationship of trust.
* Navigate Legal Essentials – Get a clear overview of key legislative provisions and the Code of Good Practice: Dismissal.
* Handle Discipline Fairly – Distinguish misconduct from incapacity, conduct disciplinary interviews, and apply substantive & procedural fairness.
* Manage Incapacity, Performance & Ill Health Processes: Navigate incapacity procedures, address poor performance and absenteeism, and transform adversarial situations into supportive, compliant outcomes.
* Apply with Confidence : Practice real world scenarios through case studies and role plays.

Here’s what we will be covering:

* The Importance of Trust in ER
* Rights & Duties in Employment
* Causes of Poor Discipline
* Misconduct vs Incapacity: Why does it make a difference?
* Dismissal and Unfair Labour Practice Definitions
* Code of Good Practice: Dismissal Essentials
* Guidelines for Guilt & Sanction Decisions
* Procedural Fairness Requirements
* Conducting Disciplinary Interviews
* Managing Poor Performance, Ill-health and Absenteeism
* Step Wise Effective Counselling
* Interactive Case Studies

DATE: 25, 26 May & 1,2 June 2026
TIME: 09:00 – 12:00
PRICE: R1950 (excl VAT) per delegate

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

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

PLEASE NOTE: No recordings available. Slides are available to attending delegates.Fees are charged per delegate and not per screen.

07/05/2026

What if... an employer leads new evidence at arbitration — is such evidence admissible, and can it be used to prove that the dismissal was fair?

In this powerful episode of our “What if” we break down the Labour Court judgment in G4S Cash Solutions (Pty) Ltd v NUMSA obo Mosinyane.

When nine ATM custodians were dismissed for gross negligence after R1.3 million in shortages, the employer brought brand-new technical evidence, video footage, third-party verifications, audit records, and compelling statistical proof at arbitration (shortages dropped 90% once they were removed). The commissioner tried to exclude it — but the Labour Court ruled it was not only admissible, but that excluding it was a gross reviewable irregularity.

Arbitration is a hearing de novo — a completely fresh start. Employers are entitled to lead stronger or new evidence, as long as the reason for dismissal stays the same.

Key takeaways for employers, HR professionals & employees:

You are NOT limited to the evidence used in the internal disciplinary hearing. New evidence is admissible at the CCMA or bargaining council subject to the condition the the reason for dismissal remains the same.Excluding relevant evidence on a narrow reading of the charges is reviewable

Plus: why employees in positions of trust who cannot account for losses under their exclusive control can fairly face dismissal.

A must-listen for anyone navigating South African labour law.

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).

WATCH THE VIDEO
https://youtu.be/DgXkFfH5vOc

LISTEN TO THE PODCAST
https://open.spotify.com/episode/4JELEOwyGqS8wc9Qb3To4I?si=sK_zB9raTQaMhcPThTCi2w

28/04/2026

Performance Pressure, Fairness And Disciplinary Action In The Workplace.
In today’s high-pressure work environments, performance expectations are often stringent, particularly in industries requiring tight deadlines and large-scale project ex*****on. The case of Samson v Commission for Conciliation, Mediation and Arbitration and Others provides valuable insights into fair disciplinary processes, the distinction between incapacity: poor performance and misconduct, and the necessity of ensuring employees are not unfairly treated for operational challenges beyond their control.

READ MORE>
https://www.masconsulting.co.za/performance-pressure-fairness-and-disciplinary-action-workplace/

View the full case: Samson v Commission for Conciliation, Mediation and Arbitration and Others
https://www.saflii.org/za/cases/ZALCJHB/2025/13.html