https://www.bizcommunity.com/196/607.html South Africa news 15 Labour Law & Unions news - South Africa https://www.bizcommunity.com/res/img/logo.gif https://www.bizcommunity.com/196/607.html en-us Sun, 30 Aug 2026 10:36:37 +0200 https://www.bizcommunity.com/article/retrenchment-by-ai-and-other-unfair-labour-risks-of-hr-automation-075075a The Labour Relations Act, 1995 (LRA) provides every employee with the right not to be unfairly dismissed and not to be subjected to an unfair labour practice. Where artificial intelligence (AI) systems are used in HR-practices, for example, to generate performance ratings, identify employees for retrenchment, or make decisions about promotion, training, or dismissal, the interplay between algorithmic decision-making and the LRA’s protections becomes critical. 1-271157 Wed, 26 Aug 2026 09:52:00 +0200 Bizcommunity Labour Law & Unions South Africa https://www.bizcommunity.com/article/court-rules-employers-cannot-use-retrenchment-to-avoid-reinstatement-520830a Reinstatement has long been recognised as the primary remedy for substantively unfair dismissal under the Labour Relations Act. Yet employers frequently raise the same practical objection when faced with an order restoring an employee to work: what happens if the employee's job no longer exists? 1-271046 Fri, 21 Aug 2026 12:56:00 +0200 Bizcommunity Labour Law & Unions South Africa https://www.bizcommunity.com/article/fired-for-posing-like-a-marketing-cutout-why-the-ccma-and-labour-court-said-unfair-853123a The Labour Court last week, 12 August, dismissed an application by Academy Brushware to review a CCMA decision that ruled an employee's dismissal for gross insubordination unfair. 1-271009 Thu, 20 Aug 2026 15:24:00 +0200 Bizcommunity Labour Law & Unions South Africa https://www.bizcommunity.com/article/does-a-restraint-of-trade-expire-at-retirement-745532a In South Africa, a restraint of trade does not automatically fall away because employment has ended. If the restraint protects a legitimate business interest and is reasonable in duration, area and scope, it may be enforced regardless of whether the employee resigns, is dismissed, is retrenched or retires. 1-270962 Wed, 19 Aug 2026 13:16:00 +0200 Bizcommunity Labour Law & Unions South Africa https://www.bizcommunity.com/article/retrenchment-process-when-are-competitive-interviews-fair-412609a South Africa is in the grip of a retrenchment wave cutting across every part of the economy, with high-profile section 189 processes playing out in media, manufacturing and retail alike. From newsrooms to factory floors, employers are being forced to ask the same hard question: how do you cut a workforce down to size without the process itself becoming unfair? 1-270865 Mon, 17 Aug 2026 12:28:00 +0200 Bizcommunity Labour Law & Unions South Africa https://www.bizcommunity.com/article/numsa-wins-bid-to-block-liquidation-of-diamond-mine-290697a The Northern Cape High Court has set aside the liquidation of Ekapa Minerals and placed it into business rescue. This comes after Numsa challenged the liquidation and proposed a rescue plan that includes a R25-million deal with controversial diamond-dealing company Hall of Diamonds. The provisional liquidators of the mine have disputed the feasibility of the rescue plan and say the judgment has put the mine’s assets and infrastructure and the environment at risk. 1-270650 Tue, 11 Aug 2026 09:46:00 +0200 Bizcommunity Labour Law & Unions South Africa https://www.bizcommunity.com/article/chapter-9-commissioners-are-not-workers-high-court-rules-189606a Judge says public office bearers cannot claim employee-style benefits unless provided for in law. 1-270578 Thu, 06 Aug 2026 08:58:00 +0200 Bizcommunity Labour Law & Unions South Africa https://www.bizcommunity.com/article/high-court-rules-pic-ceo-suspension-invalid-orders-reinstatement-189696a The Gauteng High Court on Tuesday, 4 August, declared Patrick Dlamini's suspension as CEO of the Public Investment Corporation (PIC) by its board "invalid", and ordered his reinstatement. 1-270548 Wed, 05 Aug 2026 13:55:00 +0200 Bizcommunity Labour Law & Unions South Africa https://www.bizcommunity.com/article/new-tech-same-rules-why-modernising-wont-bypass-section-197-412399a Section 197 of the Labour Relations Act has long been one of the most misunderstood and misapplied provisions in South African labour law. Employers frequently assume that because a new contractor introduces different technology, different management structures or new operational methods, the incoming business is fundamentally different from its predecessor. 1-270485 Tue, 04 Aug 2026 10:51:00 +0200 Bizcommunity Labour Law & Unions South Africa https://www.bizcommunity.com/article/when-key-employees-walk-how-to-ensure-your-restraint-of-trade-holds-up-in-court-856513a When a senior advisor or executive walks out the door, especially to join a competitor, your restraint of trade clause is often the only thing standing between you and serious commercial damage. Here is what recent South African case law tells us about what works, what does not and what you need to do now. 1-270399 Fri, 31 Jul 2026 11:21:00 +0200 Bizcommunity Labour Law & Unions South Africa