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 [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…]
Many employers mistakenly believe that employees on probation have fewer rights and can simply be dismissed if they are not performing well. Under South African labour law, this is not the case.
Probation is regulated by the Code of Good Practice: Dismissal contained in Schedule 8 of the Labour Relations Act (LRA). [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 Draft Protected Disclosures Bill 2026 has recently been published by the Department of Justice and Constitutional Development for public comment. The proposed legislation follows recommendations made by the Judicial Commission of Inquiry into Allegations [more…]
Double jeopardy remains one of the more confusing areas of workplace discipline, and many employers are unsure when further disciplinary action is allowed — and when it becomes unfair. Understanding this principle is important, as getting it wrong can result in unfair dismissal claims, reinstatement orders, or costly compensation awards.
Recent amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA) have officially come into effect following a proclamation by President Ramaphosa. These changes introduce important updates that affect employer responsibilities, reporting requirements, and the management of workplace injuries and [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…]
R30,23 per hour
The minimum wage of R28,79 per hour will increase to R30,23 per hour (an increase of 5%). The new minimum wage sets a new baseline across all [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…]
In South African labour law, the use and legal effect of employee confessions remain complex, particularly because the Labour Relations Act 66 of 1995 (LRA) provides no guidance on their admissibility. Consequently, courts and arbitrators have developed common-law principles to determine when a confession may justify disciplinary action or dismissal. This article reviews the [more…]
AARTO and the Workplace: What South African Employers Should Prepare For
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…]
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 the [more…]
Few workplace disruptions frustrate employers more than an employee who simply does not show up for duty, particularly when the absence is uncommunicated and unauthorised. These situations are not only inconvenient but also raise important questions about the rights and responsibilities of both parties. It becomes essential for employers to understand the legal framework governing [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…]
