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We are committed to staying up to date with the legal developments in all the sectors that we work in, and our lawyers provide regular insight and commentary on developments across Africa's legal landscapes.

20 July 2026 Article

Substance over form: When an unlisted allegation can still justify dismissal

The central question in Machi v Chep SA (Pty) Ltd and Others 47 ILJ 1316 (LAC) was whether a Commission for Conciliation, Mediation and Arbitration (CCMA) commissioner committed a reviewable irregularity by finding an employee guilty of, and upholding a dismissal for, misconduct that was not explicitly listed in the charge sheet. The Labour Appeal Court (LAC) held that she did not, as the conduct formed the gravamen of the employer’s case and the employee had adequate notice of the case. The judgment is a significant reaffirmation that disciplinary proceedings turn on the substance of the alleged misconduct rather than the technical precision of its labelling.

Employment Law3 min read

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We are committed to staying up to date with the legal developments in all the sectors that we work in and our lawyers provide regular insight and commentary on developments across Africa's legal landscapes.