Competition Commission's revised merger notification thresholds

LAC confirms that valid mutual separation agreements preclude unfair dismissal claims

Can an employee who has signed a mutual separation agreement later claim unfair dismissal on the basis that the agreement was, in substance, a retrenchment? In WBHO Construction (Pty) Ltd v Masenye NO and Others (JA124/24) ZALAC 10 (26 February 2026), the Labour Appeal Court (LAC) answered this question in the negative. The court held that where a mutual separation agreement is freely and voluntarily concluded, no dismissal arises. Consequently, the statutory unfair dismissal regime under the Labour Relations Act 66 of 1995 (LRA) is not engaged. This judgment reaffirms the importance of contractual autonomy in employment law.

Your expert report is worthless – unless you do these things first

In Griebenouw v Minister of Labour and Others (7114/2019) ZAWCHC 316 (17 June 2026), the High Court delivered a sharp reminder to litigants: attaching an expert report to an affidavit is not the same as placing evidence before a court. Griebenouw sought confirmation of a rule nisi – a provisional court order – in a dispute about the percentage of his disability pension and the compensation payable to him under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA).

Court’s approach to balancing contractual freedom with protection against unconscionable contract terms

In a recent landmark decision, Kanwal Sarjit Singh Dhiman v Kenshvaji Jivraj Shah eKLR, the Court of Appeal (Court) addressed, among other things, the enforceability of contracts containing exploitative interest provisions. The Court declared the contract in question void on the grounds that its enforcement would result in oppressive and unconscionable consequences.

Convenience store at petrol stations do not automatically fall under MIBCO’s scope

In Merriman BP Service Station (Pty) Ltd v Motor Industry Bargaining Council (Western Cape) and Others (C04/2021) ZALCCT 94 (15 June 2026) the Labour Court considered whether a Pick ‘n Pay Express Store (Express Store) located at the same premises as a BP fuel station constituted an ancillary activity of the fuel station’s business, and the adjuvant question of whether the Express Store’s employees fell within the registered scope of the Motor Industry Bargaining Council (MIBCO). The judgment is important for employers operating co-located or multi-franchise businesses, as it confirms that shared premises and common ownership do not, on their own, determine bargaining council coverage.

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(Un)confirmatory

Affidavits are the lifeblood of motion proceedings – the evidentiary foundation of a party’s case rests squarely on these documents. Think of it this way: if trials are theatrical performances where witnesses testify orally, motion proceedings are the “ paper stages ”, where affidavits are the principal performers. Every fact, every piece of evidence, and every measure of credibility must be captured in writing (in the affidavit) because a case stands and falls based on the content of those papers. An integral member of the cast of these “ paper stages ” is the confirmatory affidavit.