Biron Madisa

On site, but off duty: A generous interpretation of COIDA

In Bent v Rand Mutual Assurance (Pty) Ltd (9 December 2025), the High Court considered an appeal by the employee challenging Rand Mutual Assurance’s (RMA) rejection of a claim for...

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,...

The Labour Court draws the line on interdicting unprotected strikes in Boomerang Fruits v MKP

The recent decision of the Labour Court in Boomerang Fruits (Pty) Ltd v uMkhonto weSizwe (MKP) and Others JDR2025-061014 (LC) provides timely clarification on the legal thresholds...

A mental health condition does not automatically shield an employee against a performance-based dismissal

In this matter, the applicant challenged his dismissal at the Commission for Conciliation, Mediation and Arbitration, arguing that he was dismissed because of his mental health condition...

Improving health and safety in the iron and steel sector

On 26 February 2025, the Deputy Minister of Employment and Labour (Deputy Minister) addressed delegates from the iron and steel sector (sector) about the importance of improving occupational health...

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

Is a clear criminal history an inherent requirement of the job

Biron Madisa, an Associate in the Employment Law practice joined Aldrin Sampear on Newzroom Africa to discuss Is a clear criminal history an inherent requirement of the job.

Minister publishes proposed Draft Regulations for comments in terms of section 97 COIDA

On 17 May 2024, the Minister of Employment and Labour (Minister) published a number of regulations in terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993...

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)...

Is a clear criminal history an inherent requirement of the job?

In the recent case of O’ Connor v LexisNexis (Pty) Ltd (P18/24) ZALCPE 11, the Labour Court considered, on an urgent basis, whether the refusal to appoint an individual on the basis...

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.

Criminal charges laid by employer? An employer can still take disciplinary action!

The Labour Court held that criminal charges laid by the employer against an employee can never stand in the way of that employer subjecting the employee to a disciplinary enquiry in...

How to bring an incarcerated employee to an internal disciplinary hearing

Employers often face the practical difficulty of how an employee who has been incarcerated, typically awaiting trial (which on its own can take years), is to be brought to an internal disciplinary...

Fraud unravels all, including contracts of employment

The insidious effect of fraud permeates the entire legal system. This is because it renders contracts voidable at the instance of the innocent party; is a crime; excludes the effects...

Does a restraint of trade transfer with a business as a going concern under section 197 of the Labour Relations Act?

On 10 August 2022 the Johannesburg Labour Court, for now at least, appears to have settled this contentious question.

An employer who is responsible for setting the rules in the workplace, must also abide by them

That is the lesson from the Labour Court’s ruling in Mahonono v National Heritage Council and Others (J742/2022) 2022 ZALCJHB 188 (18 July 2022). In the workplace employers assume...