Case Law Reviews
Transforming past judicial decisions into
actionable business intelligence.
Manage risks, ensure compliance,
strengthen legal positions.
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Case Law Review: Alcohol – Failure to show Incapable of Duties
Welcome Effective Harmony followers and welcome to this week’s edition of It’s Case Law Review. Today we are asking the question, what must a company do if an employee pitched up under the influence of alcohol and maybe there was a breathalyzer test and there’s a negative reading indicating alcohol in the breath or a…
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Case Law Review: Clearing the Haze: Cannabis use in Zero Tolerance Workplaces
Welcome Effective Harmony followers and welcome to this week’s edition of Case Law Review. Today we’re looking at the landmark Labour Appeal Court case, known as the Barlow World Case, that deals with cannabis in the workplace. An employee picks up for work under the influence or having cannabis in the system. Where the challenge…
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Case Law Review: Constructive Dismissal
Welcome to this edition of It’s Case Law Review and today we are studying a Labor Court case HC Heat Exchanges versus Victor J. Alderojo and this deals with a contentious issue on constructive dismissal. And why do I say contentious issue? I get to do a lot with these kind of disputes these days…
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Case Law Review: Assault in the Workplace ruled a Fair Reason to Dismiss
Welcome to this edition of Case Law Review for our Namibia audience. This is in the Labour Court of Namibia. Shoprite Namibia versus Salvador. This is a case that came out in August 2025 and is an appeal on an arbitration award that deals with the difference between an employee assaulting a fellow co-worker in…
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Case Law Review: Privacy vs. Employer Rights – Can Your Boss Search Your Phone
Introduction: The Workplace Phone Privacy Dilemma Welcome, Effectors, Harmony followers, and welcome to this week’s edition of Case Law Review. Today, we’re exploring a critical question many employees face: Can an employer access or search your personal phone? Specifically, we’re examining situations where an employer suspects an employee of taking photos of company property, making…
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Section 197 & Section 187 Transfers: What the Africa Online vs Echo International Case Teaches Employers
Welcome, Effectus Harmony followers, and welcome to this week’s edition of Case Law Review. Today, we are looking at transfers of businesses as a going concern in terms of section 197 of the Labour Relations Act. Understanding Section 197 Transfers: A Critical Guide for Employers We are not going to deal with a broad spectrum…
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Avgri Animal Feeds v Noomsa (2024) – What the Landmark Ruling Means for Trade‑Union Representation in South Africa
Welcome, Effectus Harmony followers, and welcome to this week’s case law review. Today we’ll be looking at Avgri Animal Feeds versus Noomsa and others that was decided on in June 2024, fairly recently. This case law deals with the question of can trade unions organize and or represent employees at dispute resolution forums like the…
