Aantekeninge: An update of recent labour law developments from South African courts 2022
Author: MJ Van Staden
Affiliations: University of Johannesburg
Source: Tydskrif vir die Suid-Afrikaanse Reg, Issue 4, 2022, p. 717-753
This contribution summarises and considers recent South African labour law cases from June 2021 to May 2022. It focuses on several important decisions handed down by South African courts on a range of labour law matters. The cases addressed here were chosen because they establish new standards, expand on existing ones or establish new legal tests. These judgments have a notable effect on labour law and the employment relationship. They are anticipated to be particularly influential in future cases. Although facts have been shortened where possible, findings of reasonableness and fairness are often dependent on the specific circumstances and relevant facts have therefore been set out where necessary. As in the previous update, the labour courts were again tasked to deal with several cases involving Covid-19 related facts, particularly mandatory vaccinations. There was also a significant increase in constitutional court judgments in labour-related matters.