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Samantha Govender

Bullying, Insubordination, and Incompatibility — The Risk of Misdiagnosis

Labour Law Risk Series | Part 2 From childhood, we learn how…

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  • Bullying, Insubordination, and Incompatibility — The Risk of Misdiagnosis

    Labour Law Risk Series | Part 2 From childhood, we learn how to navigate different personalities — how to negotiate conflict, read social cues, and manage relationships. Ideally, these skills mature as we enter the workplace, where healthy interaction is essential to building strong teams and achieving organisational goals. But ideals are not always realised.…

  • When a Restraint of Trade is Not Enough

    Restraints of trade are widely relied on to protect business interests. They are effective in limiting unfair competition and safeguarding established relationships. However, they do not always address the risk of being bypassed in the creation of those relationships. In collaborative or referral-based environments, that distinction can become critical. The Distinction A restraint of trade…

  • From Approved Leave to Accusation: When Sick Leave Becomes Constructive Dismissal

    Executive Summary An employer approved sick leave.It later questioned the medical certificate, accused the employee of abuse, and reduced her salary in breach of its own policy. The CCMA found no constructive dismissal. The Labour Court disagreed. The decisive issue was not remote work — it was trust. Lewis v Commission for Conciliation Mediation and…