Vodacom (Pty) Ltd v Makate & another [2025] ZACC 13: Implications for the Review of Awards of the Commission for Conciliation, Mediation and Arbitration

by | Jan 9, 2026 | ILJ, ILJ V47 I1

Vodacom (Pty) Ltd v Makate & another [2025] ZACC 13: Implications for the Review of Awards of the Commission for Conciliation, Mediation and Arbitration

Author Anton Myburgh SC

ISSN: 2413-9874
Affiliations: Senior Counsel, Johannesburg Bar (Sandton); Adjunct Professor of Law, Nelson Mandela University
Source: Industrial Law Journal, Volume 47 Issue 1, 2026, p. 38 – 47
https://doi.org/10.47348/ILJ/v47/i1a3

Abstract

In this case, the Constitutional Court found that an integral component of the s 34 fair hearing right is ‘the duty of proper consideration’ and that the malperformance of the duty will result in a court’s judgment being overturned on appeal without any consideration of the merits. Given that arbitration before the Commission for Conciliation, Mediation and Arbitration (CCMA) is regulated by s 34 of the Constitution, the duty of proper consideration also applies to commissioners. This note considers the implications for the review of CCMA awards. It concludes that where commissioners breach their duty of proper consideration by, for example, failing to consider materially relevant facts, this constitutes a gross irregularity as per Ngcobo J’s gross irregularity dictum in Sidumo & another v Rustenburg Platinum Mines Ltd & others (2007) 28 ILJ 2405 (CC), which was founded on s 34. While it appears likely that the Labour Court will be confronted (perhaps inundated) with ‘reviews for want of proper consideration’, it remains to be seen how they will be dealt with.

The Shoe Doesn’t Fit: BATA and the Rights in Sections 198A, 198B and 198C of the Labour Relations Act

by | Jan 9, 2026 | ILJ, ILJ V47 I1

The Shoe Doesn’t Fit: BATA and the Rights in Sections 198A, 198B and 198C of the Labour Relations Act

Author Craig Bosch

ISSN: 2413-9874
Affiliations: Advocate at the Cape Bar; Research Associate, Nelson Mandela University
Source: Industrial Law Journal, Volume 47 Issue 1, 2026, p. 47 – 62
https://doi.org/10.47348/ILJ/v47/i1a4

Abstract

In 2014 the legislature introduced a suite of provisions providing additional protections for three categories of vulnerable employees: temporary employment service employees, employees on fixed term contracts and part-time employees. This note analyses Bata SA (Pty) Ltd v SA Clothing & Textile Workers Union obo Members & others where the Labour Appeal Court had to grapple with interpreting s 198D of the Labour Relations Act. It is argued that the court unnecessarily adopted a problematic interpretation which has the effect of undermining the purpose and efficacy of the provisions referred to above and proposals are made regarding how the current difficulty might be addressed.

Dismissals for Operational Requirements: The Impact of Changing Employment Terms Aimed at Profitability and Market Competitiveness in Khan v Durban University of Technology (2025) 46 ILJ 161 (LC)

by | Jan 9, 2026 | ILJ, ILJ V47 I1

Dismissals for Operational Requirements: The Impact of Changing Employment Terms Aimed at Profitability and Market Competitiveness in Khan v Durban University of Technology (2025) 46 ILJ 161 (LC)

Authors Asheelia Behari & Judell-Lesha Joseph

ISSN: 2413-9874
Affiliations: Lecturer, Department of Public Management, Law & Economics, Durban University of Technology; LLB LLM PhD (UKZN); Lecturer, Department of Public Management, Law & Economics, Durban University of Technology; LLB LLM PhD (UKZN)
Source: Industrial Law Journal, Volume 47 Issue 1, 2026, p. 62 – 84
https://doi.org/10.47348/ILJ/v47/i1a5

Abstract

Economic transformation requires employers to adapt continually, which may result in dismissals for operational requirements. Such dismissals may extend beyond financial survival to include goals of profitability, competitiveness, and institutional sustainability. In Khan v Durban University of Technology, the applicant was retrenched after failing to meet a new minimum qualification standard, which the Durban University of Technology argued was essential to remain competitive, attractive, and financially sustainable. The Labour Court upheld the dismissal, and confirmed that operational requirements can include not only survival but also competitiveness and profitability. The judgment reinforces that retrenchments can be fair when changes to employment terms are justified by genuine operational needs.

Remote and Hybrid Work(ers): Considerations for Regulating Remote Working Arrangements and a Code of Good Practice for Remote Work

by | Jan 9, 2026 | ILJ, ILJ V47 I1

Remote and Hybrid Work(Ers): Considerations for Regulating Remote Working Arrangements and a Code of Good Practice for Remote Work

Authors Debbie Collier & Abigail Osiki

ISSN: 2413-9874
Affiliations: Professor/Director, Centre for Transformative Regulation of Work (CENTROW), University of the Western Cape; Research Associate, CENTROW, University of the Western Cape
Source: Industrial Law Journal, Volume 47 Issue 1, 2026, p. 85 – 110
https://doi.org/10.47348/ILJ/v47/i1a6

Abstract

Globally, the COVID-19 pandemic intensified the focus on remote work and raised the need to evaluate the adequacy of labour legislation and workplace policies in the context of hybrid and remote-work arrangements. Remote work is characterised by the use of digital technology to perform tasks outside of the employer’s premises, often at the employee’s home. While it offers flexibility, inclusivity, and environmental benefits, it presents challenges too, for example in regard to enforcing employment standards, maintaining work-life balance, privacy, health and safety, and avoiding the risk of worker invisibility. Similarly, remote work poses difficulties for performance management and access to the workplace for inspection purposes.
Key issues explored in this report include the regulation of working hours, occupational health and safety concerns, and compensation for occupational injuries. The report proposes the development of regulatory mechanisms — regulations and a Code of Good Practice — for remote work to provide certainty to remote workers and safeguard their well-being while balancing this with the interests of employers. The report thus provides guidance on remote-work policies in the workplace. Additionally, it considers legislative developments on flexible working arrangements that respond to the evolving nature of work in the digital era, promote work-life balance, and support gender equality.

Trade-based money laundering through documentary credits: A compliance and legal risk analysis for South African banks

by | Dec 15, 2025 | JCCL, JCCL V10 I1

Trade-based money laundering through documentary credits: A compliance and legal risk analysis for South African banks

Author: Tsanangurai Makuyana

ISSN: 2521-2575
Affiliations: Legal Officer, Manicaland State University of Applied Sciences, Zimbabwe
Source: Journal of Corporate and Commercial Law & Practice, Volume 10 Issue 1, 2024, p. 1 – 29
https://doi.org/10.47348/JCCL/V10/i1a1

Abstract

Trade-based money laundering (TBML) poses a significant risk to the global financial system, with documentary credits being a common yet complex channel for illicit financial flows. This article examines the compliance and legal risks associated with TBML through documentary credits for South African banks, which operate within a dynamic regulatory environment influenced by both domestic and international anti-money laundering (AML) frameworks. The article evaluates the vulnerabilities in trade-finance transactions, including misrepresentation of goods, over- and under-invoicing, and fraudulent documentation. It further assesses the effectiveness of South Africa’s current regulatory and enforcement mechanisms in mitigating these risks, considering the Financial Intelligence Centre Act (FICA) and international standards set by the Financial Action Task Force (FATF). By analysing case studies and compliance challenges faced by banks, the article proposes enhanced due diligence measures, and regulatory reforms to strengthen AML controls. The findings contribute to the broader discourse on combating TBML and offer practical recommendations for banks, regulators, and policymakers in South Africa to improve detection and prevention strategies.