South African labour legislation is on the verge of one of the most significant transformations in decades. Employers who fail to prepare for these proposed changes could face increased compliance obligations, substantial financial penalties and greater legal risk.
On 26 February 2026, the Minister of Employment and Labour published several draft Bills that propose [more…]
The implementation of the Administrative Adjudication of Road Traffic Offences (AARTO) marks a significant change in how traffic infringements are managed in South Africa. While many motorists focus on the impact on individual drivers, employers and businesses operating company vehicles face a new level of responsibility.
For organisations with company cars, delivery vehicles, [more…]
An employee who is facing disciplinary action suddenly resigns with immediate effect. Sound familiar?
Many South African employers assume there is nothing more they can do once a resignation letter lands on their desk. Likewise, many employees believe that resigning “with immediate effect” automatically ends the employment relationship and prevents disciplinary [more…]
A fixed term contract is a written employment agreement that establishes a defined employment period from the outset. Unlike open-ended or permanent employment, it contains a built-in expiry mechanism — either a specific end date, the conclusion of a defined project, or a triggering event such as the return of [more…]
South African businesses face heightened legal and reputational risk following a stark warning issued by ANC Secretary-General Fikile Mbalula on 26 May 2026. Speaking after the ANC National Executive Committee (NEC) weekend meeting, Mbalula confirmed that the government will actively pursue and penalise companies found to be employing undocumented migrants. If your business employs foreign [more…]
From 1 May 2026, the earnings threshold under the Basic Conditions of Employment Act (BCEA) increases to R269,600.90 per year (or R22,466.74 per month).
For employers, this is more than just an updated figure — it directly determines which employees automatically qualify [more…]
The Department of Employment and Labour has published the Labour Law Amendment Bill, 2025 for public comment, proposing significant updates to South Africa’s employment law framework.
The proposed amendments affect several important statutes, including the Basic Conditions of Employment Act (BCEA), the Employment Equity Act (EEA), the [more…]
Overtime work, defined as hours worked beyond the ordinary workweek, is a common practice across industries. While necessary to meet deadlines, manage increased workloads, or respond to unforeseen operational demands, overtime raises concerns regarding fair compensation, employee well-being, and work-life balance. In South Africa, the regulation of overtime is primarily governed by the [more…]
The nationwide implementation of the Administrative Adjudication of Road Traffic Offences (AARTO) Act, coming into effect on 1 December 2025, will have a major impact on employers—especially those whose staff drive for work-related purposes.
The AARTO system aims to improve road safety by enforcing stricter compliance [more…]
Parents in South Africa will now have four months and ten days of parental leave to share between them, following a groundbreaking Constitutional Court ruling.
The Constitutional Court of South Africa has confirmed a ruling from the Gauteng High Court in Johannesburg that the country’s current labour laws for maternity leave violate the Constitution.
Under the Basic [more…]
In the decision of Backsports (Pty) Ltd v Motlhanke and Another [2025] ZALCJHB 68 (18 February 2025), the Labour Court stated that a restraint of trade could not be enforced by a former employer where the employee was dismissed for misconduct. In other words, a dismissal results in a former employer forfeiting the right to enforce [more…]
The CCMA’s recent decision in Biyana v National Consumer Commission (2025) 34 CCMA 7.17.2 offers a critical reminder for employers relying on so-called automatic termination clauses in employment contracts: the lesson to be learnt is that no contractual provision can override the Labour Relations Act’s (LRA) requirement of fairness when terminating an employment relationship.
In this case, the [more…]
A director of a quantity surveying firm was retrenched and not paid his due severance package. He referred a claim of unfair dismissal to the CCMA where the parties concluded an agreement that was clearly worded to end all disputes and claims, of whatever nature, between the parties. The respondent applied to the Labour Court [more…]
In the recent case of Steyn v Business Connexion Group Ltd, the Labour Court confirmed that when there is a transfer of a business as a going concern in terms of section 197 of the Labour Relations Act, 1995 (LRA), the retirement age that has been agreed with the old employer, as stipulated in the employment [more…]
The use of fixed-term employment contracts in South Africa has evolved significantly following legislative changes brought about by the Labour Relations Amendment Act of 2014 (LRAA), which took effect on 01 January 2015. These amendments were designed to provide greater protection to employees, ensure compliance with fair labour practices, and prevent the misuse of [more…]
It must be understood that Labour Law is silent on the question of bonuses. This means that the payment or non-payment of bonuses is a matter entirely for the employer to decide, and to negotiate with employees. If an employer who presently does not pay bonuses of any sort wishes to continue on that route [more…]
A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a new employer.
However, this is only under very specific circumstances—specifically, where the employer swiftly takes action and actively secures the new job.
Legal experts at Cliffe Dekker [more…]
Employers are often over-hasty to conclude that an employee’s actions amount to a resignation where it suits the employer. Caution should be exercised.
A contract of employment can end at the employer’s instance, in the form of a dismissal, or by the employee in the form of a resignation. Although a written resignation is preferred, sometimes [more…]
