ISSN: 2413-9874
Affiliations: Extraordinary Professor UWC; Director CTH; Emeritus Professor UCT; Consultant CTH
Source: Industrial Law Journal, Volume 47 Issue 3, 2026, p. 1453 – 1457
None
ISSN: 2413-9874
Affiliations: BA, LLB University of Cape Town; LLM University of Fort Hare; Director, Cheadle Thompson & Haysom Inc (CTH); BA LLB University of the Witwatersrand; LLM London School of Economics and Political Science; Senior Director, CTH; Research Associate, CENTROW (UWC)
Source: Industrial Law Journal, Volume 47 Issue 3, 2026, p. 715 – 735
https://doi.org/10.47348/ILJ/v47/i3a2
On 26 February 2026, the Department of Employment and Labour published the Labour Law Amendment Bills for public consideration and comment. The Amendment Bills propose significant changes to the labour relations regime, as well as some smaller fixes to problems which have arisen in practice and through precedent. Although the period for comment has since closed, this article reviews the proposed amendments, attempts to anticipate how they may take shape in practice, and recommends some further changes for consideration before they are finalised.
ISSN: 2413-9874
Affiliations: Pupil Advocate at Johannesburg Bar
Source: Industrial Law Journal, Volume 47 Issue 3, 2026, p. 1479 – 1496
Section 37D(1)(b)(ii) of the Pension Funds Act (the PFA) empowers a retirement fund to deduct from a member’s accrued retirement benefit the amount of damages for which the member is liable to their employer as compensation for loss caused by ‘any theft, dishonesty, fraud or misconduct’ by the member if the member either has in writing admitted liability for those damages or has been found by a court to be liable for them. This article examines firstly whether the authority to bring legal proceedings contemplated by this provision is exclusive to employers. Secondly, it queries whether orders by quasi-judicial forums, such as tribunals, including the Special Tribunal, that former employees must pay damages to their former employers can be used by retirement funds to withhold or deduct members’ retirement benefits given that such tribunals lack the status of a court for the purposes of the section.
ISSN: 2413-9874
Affiliations: Professor, School of Law, Wits University; Final-year LLB student, School of Law, Wits University
Source: Industrial Law Journal, Volume 47 Issue 3, 2026, p. 1497 – 1514
Lewis v CCMA & others concerns a constructive dismissal arising from an employer’s mishandling of a medically certified episode of work-related anxiety and depression. This note argues that the judgment makes three contributions to South African labour law. It develops a methodologically coherent tipping-point framework for cumulative intolerability. It establishes that weaponising sick leave procedures against an employee who has made a genuine medical disclosure breaches the implied term of mutual trust and confidence. And it expands the exception to the duty to exhaust internal grievance procedures where systemic administrative bad faith renders the internal process structurally compromised. This note also critiques the remedy employed by the court.
ISSN: 2413-9874
Affiliations: Professor, School of Law, Wits University
Source: Industrial Law Journal, Volume 47 Issue 3, 2026, p. 1515 – 1524
None
ISSN: 2413-9874
Affiliations: Extraordinary Professor, University of the Western Cape; Director, Cheadle, Thompson &
Haysom Inc; Former Executive Director of NEDLAC; Consultant; MA in Management, Wits School of Government
Source: Industrial Law Journal, Volume 47 Issue 3, 2026, p. 1525 – 1565
None