An Analysis of the Interim Enforcement and Erosion of Restraint of Trade Clauses including DOT Office Supplies (Pty) Ltd v Badroonisha and Others [2025] ZALCJHB 329

by | Apr 19, 2026 | ILJ, ILJ V47 I2

An Analysis of the Interim Enforcement and Erosion of Restraint of Trade Clauses including DOT Office Supplies (Pty) Ltd v Badroonisha and Others [2025] ZALCJHB 329

Author Judith Geldenhuys

ISSN: 2413-9874
Affiliations: Senior Research Associate, University of Johannesburg; LLB, LLM (UP), LLD (Unisa)
Source: Industrial Law Journal, Volume 47 Issue 2, 2026, p. 715 – 735
https://doi.org/10.47348/ILJ/v47/i2a1

Abstract

Restraint of trade clauses remain a common feature of South African employment contracts. However, their practical enforcement has become increasingly complex. While the common law test for validity is settled, s 18 of the Superior Courts Act 10 of 2013 imposes stringent procedural safeguards that raise the threshold for interim enforcement. In DOT Office Supplies (Pty) Ltd v Badroonisha and Others [2025] ZALCJHB 329, the Labour Court highlighted how evidentiary burdens and constitutional considerations, particularly employee vulnerability, dignity, and access to work, can outweigh employer proprietary interests in urgent applications. The judgment illustrates that a valid restraint does not automatically justify immediate execution pending appeal. Exceptional circumstances and proof of irreparable harm must be shown. This case underscores the erosion of restraints’ practical utility, as courts recalibrate enforcement to protect vulnerable employees from disproportionate hardship. Ultimately, the law of restraints is evolving into a nuanced balancing mechanism, reconciling contractual sanctity with constitutional values of fairness and justice.

Are Unfair Labour Practices Capable of Being ‘Ongoing’? An Appraisal of National Education Health & Allied Workers Union obo Makhubele & others v Ramalatso NO & others (2025) 46 ILJ 1980 (LC)

by | Apr 19, 2026 | ILJ, ILJ V47 I2, Uncategorized

Are Unfair Labour Practices Capable of Being ‘Ongoing’? An Appraisal of National Education Health & Allied Workers Union obo Makhubele & others v Ramalatso NO & others (2025) 46 ILJ 1980 (LC)

Author Kamalesh Newaj

ISSN: 2413-9874
Affiliations: Associate Professor of Labour and Social Security Law, University of Pretoria
Source: Industrial Law Journal, Volume 47 Issue 2, 2026, p. 736 – 755
https://doi.org/10.47348/ILJ/v47/i2a2

Abstract

This note examines whether remuneration related disputes framed as unfair labour practice disputes may be characterised as ‘ongoing’ for purposes of statutory referral timeframes under the Labour Relations Act. It analyses the Labour Court’s decision in National Education Health & Allied Workers Union obo Makhubele & others v Ramalatso NO & others against earlier Labour Appeal Court authority, particularly SA Broadcasting Corporation Ltd v CCMA & others. It highlights a persistent tension between appellate authority recognising certain pay related disputes as continuous and Labour Court decisions locating unfair labour practices in a single originating act or omission, and argues that this uncertainty undermines legal certainty and access to justice.

Trade Union Registration Requirements and Vulnerable Workers: Registrar of Labour Relations v Simunye Workers Forum (2025) 46 ILJ 1906 (LAC)

by | Apr 19, 2026 | ILJ, ILJ V47 I2

Trade Union Registration Requirements and Vulnerable Workers: Registrar of Labour Relations v Simunye Workers Forum (2025) 46 ILJ 1906 (LAC)

Authors Marius van Staden and Elmarie Fourie

ISSN: 2413-9874
Affiliations: Professor, School of Law, Wits University; Associate Professor and Head of the Department of Public Law; Faculty of Law, University of Johannesburg
Source: Industrial Law Journal, Volume 47 Issue 2, 2026, p. 756 – 775
https://doi.org/10.47348/ILJ/v47/i2a3

Abstract

The Labour Appeal Court’s decision in Registrar of Labour Relations v Simunye Workers Forum raises fundamental questions about whether South African labour law accommodates organisational diversity for trade unions representing non-standard workers. The Registrar refused to register an organisation of precarious workers that adopted a nonhierarchical constitution featuring rotating leadership and participatory democracy, citing non-compliance with s 95 of the Labour Relations Act. While the Labour Court endorsed a purposive interpretation informed by constitutional values, the Labour Appeal Court insisted on traditional governance structures. This discussion argues that the Labour Appeal Court’s formalistic approach misapplies established interpretive principles, creates insurmountable barriers for vulnerable workers and conflicts with South Africa’s obligations under ILO Conventions 87 and 98. Legislative reform is proposed.

Section 188A(11) and Whistleblower Protection

by | Apr 19, 2026 | ILJ, ILJ V47 I2

Section 188A(11) and Whistleblower Protection

Author Andrea Joy Zitzke

ISSN: 2413-9874
Affiliations: BA Law (Pretoria), LLB (Pretoria), LLM (Stellenbosch), LLD candidate (Free State)
Source: Industrial Law Journal, Volume 47 Issue 2, 2026, p. 776 – 789
https://doi.org/10.47348/ILJ/v47/i2a4

Abstract

In this note, three judgments concerning when a s 188A(11) inquiry may be invoked are discussed. In Mohlala-Mulaudzi, the court set out the test as being whether there is a causal connection between a protected disclosure and an alleged occupational detriment. In Matlala and Modika, the court lowered this high threshold and determined that the test was whether the allegation of a contravention of the Protected Disclosures Act was in good faith. Since the Labour Appeal Court still needs to have the ‘final word’ on this point, the question that this note attempts to answer is which approach is worth following, in order to provide better protection for whistleblowers.

Workers Who Are (Not) Employees: Towards Decent Work, Access to Labour Standards and Social Protection

by | Apr 19, 2026 | ILJ, ILJ V47 I2

Workers Who Are (Not) Employees: Towards Decent Work, Access to Labour Standards and Social Protection

Authors Debbie Collier, Darcy du Toit, Mario Jacobs, and Abigail Osiki

ISSN: 2413-9874
Affiliations: Professor/Director CENTROW, University of the Western Cape (UWC); Emeritus Professor, UWC; Lecturer/Researcher, CENTROW, UWC; Research Associate, CENTROW, UWC
Source: Industrial Law Journal, Volume 47 Issue 2, 2026, p. 790 – 820
https://doi.org/10.47348/ILJ/v47/i2a5

Abstract

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