Alleged unfair discrimination based on unequal pay
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[more...]
Digital dilemmas: Navigating social media misconduct and corporate responsibility
Introduction 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[more...]
Workplace harassment laws: Evolution, implementation and employer obligations
Introduction Workplace harassment remains a critical issue in South African workplaces, with its implications resonating through the social and economic fabric of the country. This article[more...]
Wording of an Agreement Results in Dissolution of Restraint of Trade Agreement
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[more...]
Encapsulating Incapacity
Labour legislation requires an employer to reasonably accommodate the needs of an employee with physical or mental impairments in the event that such impairment substantially limits[more...]
New owner, same employment contract: Court reiterates original retirement age applies
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[more...]
Understanding fixed-term employment contracts in South Africa: What the Labour Relations Act means for you
Introduction 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[more...]
Work hour warning for employers in South Africa
South African employers who are considering changing work hours to avoid the National Minimum Wage hike could find themselves in hot water, as the Department of Labour[more...]
MINIMUM WAGE INCREASE IN MARCH 2025
The national minimum wage (NMW), will increase with effect from 1 March 2025. There will also be an increase of the minimum wage in certain specified[more...]
Consistency in workplace discipline
In the realm of workplace discipline, the term “consistency” frequently arises, along with its counterpart, “inconsistency.” These concepts are pivotal to the fair and equitable administration of[more...]
Groundbreaking Draft Dismissal Code Set to Transform South Africa’s Workplace Culture
South Africa’s employment landscape is poised for transformation with the publication of the Draft Code of Good Practice on Dismissal. Designed to provide clearer guidelines and greater flexibility,[more...]
The Employment Equity Act Amendments are scheduled to take effect on 1 January 2025
The Employment Equity Act Amendments are scheduled to take effect on January 1, 2025. IMPORTANT: Please note that the amendments do not affect the current 2024 reporting[more...]
Does your workplace harassment policy cover online bullying?
Over the past decade, workplace bullying has extended its reach beyond the office walls into the realm of online platforms and social media. This shift has prompted[more...]
Payment of Bonuses
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[more...]
The minimum requirements for a fair disciplinary hearing
Fair procedure Introduction Section 188 of the LRA provides that, to be fair, a dismissal that is not automatically unfair must be for a fair reason and in accordance[more...]
Can businesses recover stolen money from ex-employee pension funds?
Introduction: 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.[more...]
Retrenchment and severance pay in South Africa – what employers and employees need to know
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[more...]
Government crackdown on businesses – what employers in South Africa need to know
The Department of Employment and Labour (DEL) has ramped up its inspection raids, which remind employers to audit foreigners’ employment status to avoid being caught in violation[more...]