Restraints of Trade Following Dismissal: Labour Appeal Court Reaffirms Employer Rights
Post-Employment Restraints Remain Enforceable Despite Dismissal for Misconduct In a significant late-2025 judgment, the Labour Appeal Court has clarified that an employer’s right to enforce a restraint of trade does not automatically fall away when an employee is dismissed for misconduct. The decision provides welcome certainty for employers seeking to protect confidential information, client relationships […]
South Africa’s National Minimum Wage Increased Effective 1 March 2026: What Employers Need to Know
Annual Adjustment to the National Minimum Wage The National Minimum Wage Act requires the Minister of Employment and Labour to adjust the National Minimum Wage (NMW) annually with due regard to economic conditions, inflation, the cost of living, wage inequality, employment implications and other socio-economic factors. For the year beginning 1 March 2026, the Minister […]
Constitutional Court Clarifies the Test for Third-Party Intervention in Large Merger Proceedings
Lewis Stores v Pepkor: A Major Reset in Competition Merger Jurisprudence In Lewis Stores (Pty) Ltd v Pepkor Holdings Ltd and Others [2026] ZACC 4, the Constitutional Court of South Africa delivered an important judgment reaffirming the proper test for third-party intervention in large merger proceedings and curbing appellate overreach into the discretion of the […]
Supreme Court of Appeal Virtual Hearings Directive (February–March 2026)
The Supreme Court of Appeal (SCA) has issued an urgent directive affecting all matters enrolled for hearing between 16 February 2026 and 6 March 2026, confirming that proceedings during this period will primarily be conducted virtually. The directive arises from a security upgrade at the SCA’s Bloemfontein premises and is intended to ensure the uninterrupted […]