Kgodisho Phashe

Penalties applicable to the failure to implement sectoral targets

In this episode CDH Conversations, Director, Fiona Leppan and Senior Associate, Kgodisho Phashe in the Employment Law practice, unpack the Labour Court’s recent judgment in Mathebe...

Labour Appeal Court recognises material error of law as a standalone ground for review

In a significant judgment, the Labour Appeal Court (LAC) in NBCRFLI v Intermodal Cargo Solutions (Pty) Ltd 46 ILJ 1679 (LAC) confirmed that a material error of law by an arbitrator...

Navigating the balance between the right to privacy and the right of access to information in De Jager v Netcare Limited and Others

The balance between the constitutional right to privacy and the right of access to information becomes especially complex in circumstances where personal data is impacted by the pursuit...

Changes to COIDA employer assessments effective 1 March 2025

On 4 April 2025, the Minister of Employment and Labour published a notice announcing key changes to the prescribed assessment amounts under Section 83(8) and Section 83(2)(b) of the...

Navigating occupational health and safety in the digital economy

The digitalisation of labour has become increasingly prevalent, necessitating a review of occupational health and safety (OHS) protocols and standards. Employers and employees face unprecedented...

Workplace disputes and legal parameters in relation to defamation, contractual interference, and repudiation

In Sephton v Anglo Operations Pty Ltd (A2024/113960) ZAGPJHC 239, the High Court considered several key factors in its judgment. The appeal was brought against a prior ruling that...

The steps and missteps from employers approaching mental health in the workplace: Lessons from the Court

Employers are required to balance the relevant support for employees against their operational needs. The Occupational Health and Safety Act 85 of 1993, SANS regulations and South...

Webinar Recording | Labour Law Reforms: Key proposed amendments and its implications

CDH experts hosted a webinar to discuss the Draft Code of Good Practice on Dismissals and the latest proposed legislative amendments following negotiations at NEDLAC.

Not factoring mental health into health and safety protocols could land employers in legal hot water

Kgodisho Phashe, a Senior Associate in the Employment Law practice, joined Bridget Masina on SAfm to discuss the topic, "Not factoring mental health into health and safety protocols...

Dress code in the workplace: What's appropriate and what's not

Kgodisho Phashe, Senior Associate in the Employment Law practice joined Clement Manyathela on 702 to discuss 'Dress code in the workplace: What's appropriate and what's not.'

Guidelines released by the Department of Employment and Labour: What every employer and worker should know about workplace safety

On 3 October 2024, the Department of Employment and Labour published a critical guide titled: What every worker and employer should know about health and safety in the workplace ....

Strict liability and employers’ approach to the Occupational Health and Safety Act: Lessons from Joubert v Buscor Proprietary Limited

In Joubert v Buscor Joubert v Buscor Proprietary Limited (2013/13116) ZAGPPHC 1024, the application of strict liability under the Occupational Health and Safety Act 85 of 1993 (OHSA)...

CCMA reaffirms stance on navigating Employment Equity: Breaking barriers with nuance

On 1 July 2024, the Commission for Conciliation, Mediation and Arbitration (CCMA) issued an arbitration award that dealt with an unfair labour practice dispute that involved the failure...

Health and Safety in the Workplace: Occupational Health and Safety Act (OHSA) - Pending Amendments

Take care before you share: The dangers of social media use in the workplace

Kgodisho Phashe, Senior Associate in the Employment Law practice joined Bridget Masinga on SAFM to talk about Take care before you share: The dangers of social media use in the workplace.

New asthma compensation regulations: Ensuring adequate treatment for affected workers

On 7 June 2024, the Minister of Employment and Labour officially promulgated two significant sets of regulations aimed at protecting workers affected by respiratory conditions. These...

Breaking barriers: Navigating nuance in employment equity

In the matter of Solidarity OBO Erasmus v Eskom Holdings SOC LTD (C1001/18) ZALCCT 18 (24 May 2024) the applicant, Erasmus, had been employed by the respondent, Eskom, since 1988....

Determining whether the OHS Act or MHSA’s safety legislation applies to processing activities

In UASA-The Union v Anglo American Platinum Ltd & Others (10 May 2024: J400/23), UASA-The Union sought a declaratory order in the Labour Court against Anglo American Platinum (AAP)...

Navigating the legal landscape for private cannabis use and how that may impact the workplace: A case of unfair dismissal

In the recent case of Enever v Barloworld Equipment South Africa, a Division of Barloworld South Africa (Pty) Ltd (JA86/22) ZALAC (23 April 2024), the Labour Appeal Court (LAC) considered...

Webinar Recording | Health and Safety in the Workplace webinar series: COIDA

Health and safety is an important component of all workplaces. Watch the first webinar discussion of our Health and Safety series.

CCMA commissioners’ authority to expedite dispute resolution under the LRA: A discussion of SAA v SACCA and NUMSA

In 2020, South African Airways (SAA) underwent a restructuring exercise, which involved large-scale retrenchments and significant changes to terms and conditions of employment, impacting...

The over-sensitivities of an individual employee do not amount to harassment or unfair discrimination

In the recent decision of La Foy v Department of Justice and Constitutional Development and Others 1952/2017 , the Labour Court dismissed an application by an employee who sought relief...

The EEA Amendments & Draft Regulations: Fines, liabilities and powers of the department

Employment Law Director Hedda Schensema and Associate Kgodisho Phashe discuss the sectoral numerical targets, compliance, and the fines and liabilities in terms of the Employment Equity...

Can an employee be dismissed for refusing to obey an instruction to work overtime?

Recently the labour court handed down a judgment in which it had to consider whether dismissal for insubordination was an appropriate sanction for employees who refused to obey an...

Firefighter injured on Duty – A closer look into inherent job requirements and reasonable accommodation

Recently, the Constitutional Court decided the case of Adam Damons v City of Cape Town, where an employee firefighter who was injured at work and sustained a disability (as a result...

The effect a of resignation on the employment relationship

Kgodisho Phashe, Associate in our Employment Law practice joined Smile FM to discuss the effect of a resignation on the employment relationship, and what happens if an employee changes...

Code of Good Conduct on the Elimination of Harassment in the Workplace

Kgodisho Phashe, Associate in our Employment Law Practice unpacks practical steps for employers to take in order to comply with the Code of Good Conduct on the Elimination of Harassment...

Reflecting on 2021 and navigating 2022

Our Employment Law team hosted their first webinar where they reflected on 2021 and identified key themes for 2022.

Temporary financial relief scheme around the civil unrest

Kgodisho Phashe, Associate in the Employment Law practice joined Kaya FM to talk about the temporary financial relief scheme around the civil unrest in South Africa. Kgodisho discusses...

Possible disciplinary action against employees for conduct outside the workplace

Kgodisho Phashe, Associate Designate in the Employment Law practice joined Newzroom Afrika to chat about possible disciplinary action against employees, if their conduct outside of...