Insights
Commentary, judgments and legislation
Commentary from our directors on developments in the law.
Judgment
Maynard v Carrick Wealth: section 14 debarment duties
High Court · A75/2025 · 4 March 2026
The Western Cape High Court dismissed an appeal seeking to halt Carrick Wealth’s FAIS debarment process. The court considered the statutory duty to initiate that process.
Bill
Employment and Labour Relations Amendment Bills, 2025
Employment Laws Amendment Bill, 2025; Labour Relations Amendment Bill, 2025 · Government Gazette 54220, Notice 3801 of 2026 · Published for public comment
Two draft Bills published for public comment on 26 February 2026 propose changes to parental leave, on-call work, severance pay and labour dispute processes. They are…
Judgment
Moses and others v Herotel: enforcing retrospective reinstatement
Labour Court · 2025-217783 · 20 January 2026
The Labour Court distinguished arrears fixed by the original reinstatement order from remuneration arising after that judgment, and found contempt in respect of the earlier period.
Regulation
Code of Good Practice: Dismissal, 2025
Government Gazette 53294, Notice 3470 of 2025
The 2025 Code of Good Practice: Dismissal was published in Government Gazette 53294. MS Inc. highlighted differences between the previous and revised codes.
Firm News
Celebrating Women’s Day 2025
Recognising the contributions of women in law, business and every sphere of society.
Judgment
Titipana v IHC South Africa: CCMA retrenchment award
CCMA · WECT21420-24 · 7 July 2025
The CCMA found the retrenchment substantively and procedurally unfair and awarded four months’ compensation.
Judgment
Intent matters: dishonesty and the PathCare judgment
[2019] ZALAC 2 · CA14/2016 · 27 February 2019
A two-page MS Inc. case note on the evidence of intent required when an employer dismisses an employee for dishonesty.
Judgment
Duverge: meaningful consultation in retrenchment
[2025] ZALCCT 24 · 11 April 2025
A two-page MS Inc. case note on the Labour Court’s findings about consultation, selection criteria and statutory payments in a retrenchment.
Judgment
Public Investment Corporation v More: prescription and discipline
Labour Court · JR 2121/2022 · 16 April 2025
The Labour Court held that the Prescription Act does not bar an employer from bringing internal disciplinary charges, and remitted the unfair dismissal dispute for a…
Firm News
Welcome to the team, Uzukhanye Myoywana
MS Inc. welcomes Uzukhanye Myoywana to the team as a second-year candidate attorney.
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