Jean Ewang

Labour Court confirms that seeking alternative employment does not constitute misconduct

In the recent decision of Lucchini South Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1794/22) ZALCJHB 589 (19 December 2025), the Labour...

Understanding and managing differences in generations, culture, and gender in the workplace

Following a dynamic and engaging panel discussion on the topic - and valuable feedback received at the recent Employment Law Conference - our team has taken a closer look at generational...

Are polygraph tests still useful in employment disputes?

In the recent case of Poggenpoel and Another v Commission for Conciliation, Mediation and Arbitration and Others (C253/2022) ZALCCT 69 (1 September 2025), the Labour Court dealt with,...

Webinar Recording | The Modern Employer: Building Inclusive Workplaces in Africa

CDH hosted virtual panel discussion that aimed at exploring the evolving landscape of work across Africa, focusing on building resilient, inclusive and borderless workplaces.

Why Kenyan employers should watch South Africa’s bold move towards pay transparency

In a significant step towards wage equality, South Africa introduced the Fair Pay Bill (Bill) in June 2025. The proposed law is aimed at eliminating unjustified pay disparities and...

Understanding reinstatement in light of irreparable working relationships

In the recent decision of Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA10/2024) ZALAC 38 (19 June 2025), the Labour Appeal...

Youth Day reflections | The silent struggle of South Africa's youth today

In this episode of CDH Conversations, Jean Ewang and Lee Masuku from CDH’s Employment Law Department delve into the pressing issue of youth unemployment in South Africa.

Underlying cause in a section 197 transfer? Labour Appeal Court clarifies

The recent Labour Appeal Court (LAC) decision in Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Belinda Perlee (JA01/24) provides further clarification on the interpretation of section...

Tender of services: A prerequisite for the enforcement of claims flowing from reinstatement awards

In the recent Labour Appeal Court (LAC) case of South African Municipal Workers Union (SAMWU) obo Koopman v City of Cape Town and Others (CA5/2023) ZALAC (22 January 2025) the appellant...

To pay or not to pay? An employer’s liability to pay severance pay where alternative employment is secured

In the recent judgment of Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023) ZALCPE 39 (2 October 2024) the Labour Court clarified...

The role of conciliation in unfair dismissal disputes post-facilitation now settled

"… all that comes before the Labour Court about unfair dismissal must pass first through the portal of conciliation ." In the recent Labour Appeal Court (LAC) judgment of National...

Unlawful termination of employment contracts: No automatic right to specific performance

In the Labour Appeal Court (LAC) case of Passenger Rail Agency of South Africa and Others v Ngoye and Others [2024 45 ILJ 1228 (LAC) the LAC affirmed the that the dispute resolution...

Webinar recording | Retrenchment law turned on its head

Employers of record and their place in South Africa

The COVID-19 pandemic saw remote working become increasingly common globally, with companies taking advantage of remote working to access talent in multiple jurisdictions in a more...

Vicarious liability claims arising out of sexual harassment and the passage of time

The High Court recently emphasised the impact of prescription on a claim for vicarious liability arising out of sexual harassment in LM and South African Broadcasting Corporation ....

Agency shop agreements and the principle of fairness

In the recent case of Association of Mineworkers and Construction Union v UASA (Formerly named the United Association of South Africa) and Others 11 BLLR 1134 (LAC) the Labour Appeal...

Automatically unfair dismissal for refusing to take the COVID-19 vaccine? The Labour Court’s first decision

The law regarding automatically unfair dismissals is trite and has been tested by our courts on various occasions. Recently, however, in the case of Burton Maasdorp v University of...

Mental Health in the workplace: Constructive dismissal based on mental ill health?

In the post covid landscape there has been a warranted increased awareness on mental health in the workplace. In Sanlam Life Insurance Ltd v Mogomatsi and Others (CA 12/2022) , the...

Taking liberties: Unmasking of an employee’s sick leave trickery

In the recent judgment of SARS v Benneth Mathebula and Others (JR 2243/21) ZALCJHB 222 (21 July 2023) the Labour Court was called upon to reconsider the fairness, or otherwise, of...