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…]
AARTO for businesses: What Every South African Business Needs to Know About Company Vehicles and Traffic FinesFefaTech2026-07-02T11:21:07+02:00
Cartrack’s emergency response and engagement with the bereaved family following the tragic death of an employee have attracted significant public attention, offering valuable insights into crisis management and stakeholder communication during times of tragedy.
The recent death of a Cartrack employee at the company’s Rosebank offices has generated widespread media coverage, public scrutiny, and [more…]
Crisis management in the spotlight: Lessons from the Cartrack tragedyFefaTech2026-06-19T13:54:01+02:00
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…]
URGENT WARNING TO EMPLOYERS: Hiring Undocumented Migrants Is Now a Compliance RiskFefaTech2026-05-27T12:42:13+02:00
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 [more…]
Draft Protected Disclosures Bill 2026: What Employers in South Africa Need to KnowFefaTech2026-06-20T07:36:01+02:00
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…]
Labour Court rules against ‘just following orders’ defence in South AfricaFefaTech2025-08-12T08:56:44+02:00
In today’s hyper-connected world, the lines between personal expression and professional responsibility have never been more blurred. Social media has revolutionised communication, enabling instantaneous sharing of thoughts and opinions, but it has also introduced new challenges for both employers and employees.
When an individual’s online conduct appears to be in contravention of disciplinary policies and the [more…]
Digital dilemmas: Navigating social media misconduct and corporate responsibilityFefaTech2025-04-14T08:43:56+02:00
When employees are dismissed or abscond following suspected theft or misappropriation of funds, ex-employers often attempt to recover the lost funds from the ex-employee’s pension benefits. In such cases, time is of the essence, as ex-employees may try to withdraw their pension benefits quickly. To have a chance of recovering the lost monies, an ex-employer [more…]
Can businesses recover stolen money from ex-employee pension funds?FefaTech2024-11-07T07:55:26+02:00
Final written warnings constitute a crucial element within the disciplinary framework of any Organisation. They afford employers the opportunity to communicate to employees that their conduct is deemed unacceptable, emphasising the need for a change in behaviour to avert dismissal.
The occurrence of persistent or recurrent misconduct may lead to the issuance of a final written [more…]
Applying a final written warning as a suitable disciplinary measure to address and correct the employee’s behaviourFefaTech2024-07-24T11:14:53+02:00
Legal experts warn that crossing the line with social media posts that violate South Africa’s new hate speech laws gives bosses ample ammunition to gun for employees – so it’s best to think twice before posting.
Social media platforms such as Facebook, Instagram and Twitter have enabled users to connect and communicate with people who are [more…]
Why employees in South Africa should think twice before hitting ‘post’FefaTech2024-07-03T12:45:26+02:00
Many employees, particularly those in senior roles, elect to challenge their dismissals based on a breach of contract, claiming specific performance or damages. These dismissals are commonly characterised as being ‘unlawful’, as opposed to unfair.
The recent case of Passenger Rail Agency of South Africa and Others v Ngoye and Others illustrates the [more…]
The risk of no relief – LAC refuses to award reinstatement for an unlawful dismissalFefaTech2024-07-01T13:48:01+02:00
Section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. This forces employers to act with great care and expertise in gathering evidence and in designing and applying their disciplinary policies. The Labour Courts are most intolerant of employers [more…]
Don’t Bypass Your Own Disciplinary PoliciesFefaTech2024-06-19T11:00:55+02:00
In employment law, disputes that arise from disciplinary hearings can be intricate and heated. Many employers opt to hire independent chairpersons to prevent the possibility of ending up in the CCMA (i.e. the Commission for Conciliation, Mediation, and Arbitration). Nevertheless, when employers are displeased with decisions that these disciplinary chairpersons make, seeking recourse can [more…]
Unhappy with an independently chaired disciplinary hearing?FefaTech2024-06-10T13:23:40+02:00
The Commission for Conciliation, Mediation, and Arbitration (CCMA) and Bargaining Councils are important bodies in South Africa that handle disputes between employers and employees.
When an employee refers a dispute to the CCMA or a bargaining council, employers need to understand the process and their obligations.
This guide aims to provide essential information for employers in such [more…]
What happens when an employee refers a dispute to the CCMA or a bargaining council?FefaTech2024-06-05T09:46:21+02:00
South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. Some of these provisions are so incomplete or vague that they are often interpreted very differently by the arbitrators and judges appointed to implement them.
Racial tension and animosity are amongst the many social ills that form part of South Africa’s apartheid legacy. Eradicating these problems is made no easier by people’s prejudiced beliefs that often manifest in the use of derogatory, offensive and racist language. In recent times, there have been numerous incidents of people publicly using overtly racist [more…]
No more “Boers” allowed in the workplace!?s26superu2019-10-22T00:30:18+02:00
The introduction of new laws will see qualification fraud be made into a punishable offence in South Africa.
The National Qualifications Amendment Bill, which is currently waiting to be signed off by President Cyril Ramaphosa, aims to create grounds for punishment for individuals who fabricate their qualifications – with up to five years of jail time.
TimesLive recently reported that prominent Cape Town immigration lawyer, Craig Smith, had been arrested for allegedly duping the Department of Home Affairs into granting visas to his clients.
The lawyer, who faces 1,125 counts of crimes ranging from fraud and forgery to money laundering, has also been accused of bribing home affairs [more…]
Immigration lawyer’s arrest puts a spotlight on illegal work permits in SAs26superu2019-04-05T11:31:31+02:00
The Companies Act, 71 of 2008, requires that the business and affairs of any company be managed by or under the direction of its board, which has the authority to exercise all of the powers and perform any of the functions of the company, except to the extent that the Companies Act or the [more…]
Removing directors of a companys26superu2018-05-23T09:23:46+02:00
