All Things Labour Law

20/08/2026

The Constitution of the republic of South Africa 🇿🇦 is subject to the provision of the Bill of Rights. Section 9(3) & (4) of the Bill of Rights provides that no person may unfairly discriminate directly or indirectly against anyone on one or more grounds including race,gender,pregnancy, marital status,ethnic or social origin, sexual orientation,religion, disability,culture or languages

18/08/2026

INSUBORDINATION, could be a disciplinary charge against you for not following a lawful or reasonable instruction from your superior ( supervisor, team leader, manager etc.)

11/08/2026

LAW OF EVIDENCE is the most crucial part of of any disciplinary hearing or more importantly in arbitration proceedings, so be mindful of 3 fundamental principles when presenting your case. RELIABILITY, CREDIBILITY, PROBABILITY of evidence.

For me when doing a case it’s not a about the Facts nor the Truth, it’s about what you can PROVE, if you follow this page regularly, we guarantee successful outcomes.
WITH US YOU ALWAYS GOING TO LEARN 📚

09/08/2026

How Does The Case Of Nando’s Scottsville V CCMA And Others (D06/2019) Impact Dismissals For “Petty Theft”?

Dismissal for petty theft has always been a severe debatable issue in the labour field.

In the case of Nando’s Scottsville v CCMA and Others (D06/2019), an employee was dismissed for eating two individual slices of carrots from the bain-marie. The employee was charged with the following:

‘Unauthorised Consumption of Company Stock – in that they alleged that the employee was dishonest by consuming company stock being vegetables whilst on duty on the 08/04/2018 at Nando’s Scotville.’

The employee indicated during the disciplinary hearing and at the subsequent hearing at the CCMA that as a “front griller”, as he just “tested” the cooked carrots as they appeared to be frozen.

The employee further indicated that they would test the porridge that was cooked on a daily basis. The initiator, in his case, according to the employee, tastes the products of Nando’s, more, in particular, the porridge and rice.

The CCMA Commissioner found this was substantively unfair as there were no inherent dishonesty and ordered his reinstatement.

The Labour Court confirmed the same. The Judge stated that whilst he ate the carrots, he broke a rule, but he simply tasted them to determine whether they were suitable to be served. The employee did not consider his actions to break the law, as it appears he understood that it was for the unauthorised consumption of food items for personal pleasure.

25/07/2026

So the this interim interdict Judgment on the president handed down says that the presidents Reputational harm is more important that accountability to implement separation of Powers (a Constitution imperative), Parliament, holding the Executive accountable ⚖️, But no ! Ia High Court a lower Court comes to this travesty of Justice, to arrived to this reprehensible conclusion

20/07/2026

18/07/2026

Department of Correctional Services employees who went to court after the department discriminated against them because they are Coloured.
In 2012, the department refused to promote them despite the fact that they were the best candidates for the job. They took the department to court and 4 years later, the constitutional court ruled that the department’s decision not to appoint or promote them constituted unfair discrimination and unfair labour practices. This will have a significant positive impact on all brown people.
It has been a long road for them, but they fought against discrimination and they won.

16/07/2026

THE NATIONAL MINIMUM WAGE

With effect from 1 March 2025, the national minimum wage is R28.79 for each ordinary hour worked, with the following exceptions:
• workers employed on an (EPWP) are entitled to a minimum wage of R15.83 per hour;
• workers who have concluded learnership agreements contemplated in section 17 of the Skills Development Act are entitled to the allowances contained in Schedule 2 of the NMW Act.

14/07/2026

Section 17 of the Occupational Health and Safety Act (OHS Act) stipulates that an employer who has more than 20 workers in their employment at any workplace, must appoint health and safety representatives for the said workplace.

Health and safety representatives represent workers’ health and safety matters to management. Representatives must be full-time employees who are democratically nominated and elected by their co-workers. These suitable individuals must be familiar with the circumstances and conditions of the particular section of the workplace that they have been designated to oversee.

A collective agreement must first be concluded between the employer and registered trade unions before representatives are appointed. General Administrative Regulation 6 (GAR 6) of the OHS Act stipulates that the employer must meet with the registered trade unions of the said workplace in order to consult or bargain in good faith and conclude an agreement.