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…]
The purpose of disciplinary codes and procedures is to regulate standards of conduct and the behaviour of employees within a company. The aim of discipline is to correct unacceptable behaviour and adopt a progressive approach in the workplace.
Parties’ obligations
An employer needs to establish that all employees are aware of the rules and standards of [more…]
Couples who get divorced can do so on the basis of ‘irreconcilable differences’ – they know the relationship does not work, but they cannot necessarily specify any one reason. It may not be anyone’s fault, but if the breakdown in the relationship cannot be repaired, it is time for a fitting end. So too in [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…]
Unauthorised Absence is one of the most frustrating workplace issues employers encounter, particularly when an employee simply fails to report for duty without providing any explanation or obtaining permission. Such situations not only disrupt operations but also raise important questions regarding the rights and obligations of both employers and employees. It is therefore essential for [more…]
The new Code of Good Practice: Dismissal (the Code), came into effect on 4 September 2025. It replaces the previous codes relating to dismissal and retrenchment. While not much has changed, we highlight a few aspects that are worth mentioning.
Small businesses
The Code places more emphasis on the fact that small enterprises may follow simpler, less [more…]
Dishonesty, even when instructed, breaches the trust at the heart of the employment relationship and can justify a dismissal, according to Amandla Makhongwana, senior associate at Bowmans.
Makhongwana says the Labour Court’s judgment in Mbuyane v Dekker NO and Others (JR1173/2020) [2025] ZALCJHB 224 serves as a poignant reminder that integrity is not negotiable, even under [more…]
An employee was suspended and attended a disciplinary enquiry for six acts of alleged misconduct. After her acquittal, she was requested to return to work, which she failed to do. She, instead, elected to obtain various medical certificates and social worker reports which declared her unfit for duty. No medical certificate or report mentioned the [more…]
There are occasions when an employee arrives at work with a noticeable scent of alcohol, which should not be ignored. In such cases, immediate termination of employment may not be the most prudent response, despite appearing justified at first glance, as there may be underlying issues that warrant further investigation.
It is advisable that a [more…]
The Construction Education and Training Authority (CETA) has been given the go-ahead to proceed with disciplinary action against a senior employee who had claimed whistleblower protection.
This comes after the Commission for Conciliation Mediation and Arbitration (CCMA) found in a recent decision that the employee, who was seeking protection as a whistleblower, did not make [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…]
Our Occupational Health and Safety (OHS) legislation places a duty on every employer to maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of its employees. Indeed, the recently introduced SANS 45001 standard dealing with Occupational Health and Safety management in South Africa, which was [more…]
In a recent decision by the Labour Appeal Court (LAC), the Court clarified the law on reinstatement, holding that an employer is not obliged to keep an employee’s seat ’warm’ where the employee has not tendered their services within a reasonable period following a reinstatement order. Where an employee fails to tender their services within [more…]
Since 2019, South Africa has had a National Minimum Wage, which sets the floor for all wages and salaries in the country. But for many workers, actual wages paid depend on the outcome of negotiations with employers.
The National Minimum Wage is set every year by the Minister of Labour [more…]
In a twist on the old movie industry saying of “hurry up and wait”, designated employers who have been waiting for clarity on the employment equity regulations must now shift into high gear. The long-awaited regulations have officially come into effect, signalling a move from voluntary to mandatory compliance as of [more…]
In Passenger Rail Agency of South Africa v Hoyo [2025] 2 BLLR 160 (LAC) the Labour Appeal Court (LAC) overturned the Labour Court’s (LC) finding that there had been unfair discrimination based on race. In this case, the employee alleged unfair discrimination because of unequal pay on the ground of race in that his [more…]
