News - Cofesa

Recent COIDA Amendments in South Africa: What Employers Need to Know

FefaTech2026-06-20T06:57:11+02:00

Recent COIDA Amendments have officially come into effect following a proclamation by President Ramaphosa, introducing important changes that affect employer responsibilities, reporting requirements, and the management of workplace injuries and occupational diseases.

While many of the recent COIDA amendments are already operational, additional provisions are scheduled to take effect on 1 April 2026. Employers [more…]

Recent COIDA Amendments in South Africa: What Employers Need to KnowFefaTech2026-06-20T06:57:11+02:00

Labour Law Amendment Bill 2025: Key Developments Employers Should Anticipate

FefaTech2026-03-17T10:09:11+02:00

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…]

Labour Law Amendment Bill 2025: Key Developments Employers Should AnticipateFefaTech2026-03-17T10:09:11+02:00

Minimum Wage Increase – 1 March 2026

FefaTech2026-02-05T11:43:19+02:00

The national minimum wage (NMW) will increase with effect from 1 March 2026. There will also be an increase of the minimum wage in certain specified sectors.

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…]

Minimum Wage Increase – 1 March 2026FefaTech2026-02-05T11:43:19+02:00

Working overtime in South Africa: Legal framework and practical implications

FefaTech2026-01-21T08:42:49+02:00

Introduction

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…]

Working overtime in South Africa: Legal framework and practical implicationsFefaTech2026-01-21T08:42:49+02:00

Confessing misconduct: How far employers can rely on employee admissions

FefaTech2026-01-09T09:27:12+02:00

Introduction

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…]

Confessing misconduct: How far employers can rely on employee admissionsFefaTech2026-01-09T09:27:12+02:00

AARTO and the Workplace: How businesses should prepare

FefaTech2026-06-22T11:51:27+02:00

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…]

AARTO and the Workplace: How businesses should prepareFefaTech2026-06-22T11:51:27+02:00

Counselling as part of the disciplinary process

FefaTech2025-10-22T08:44:14+02:00

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…]

Counselling as part of the disciplinary processFefaTech2025-10-22T08:44:14+02:00

Incompatibility in the workplace – Those irreconcilable differences

FefaTech2025-10-14T09:10:52+02:00

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…]

Incompatibility in the workplace – Those irreconcilable differencesFefaTech2025-10-14T09:10:52+02:00

Parental Leave: Constitutional Court Redefines

FefaTech2026-06-20T07:02:04+02:00

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…]

Parental Leave: Constitutional Court RedefinesFefaTech2026-06-20T07:02:04+02:00

Restraint of Trade: Does the Dismissal of an Employee Affect Its Enforceability?

FefaTech2026-06-20T07:08:31+02:00

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…]

Restraint of Trade: Does the Dismissal of an Employee Affect Its Enforceability?FefaTech2026-06-20T07:08:31+02:00

Unauthorised Absence: How Employers Should Handle Employees Who Go Missing

FefaTech2026-06-20T07:22:47+02:00

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…]

Unauthorised Absence: How Employers Should Handle Employees Who Go MissingFefaTech2026-06-20T07:22:47+02:00

Implementation of Code of Good Practice: Dismissal

FefaTech2025-09-08T09:35:42+02:00

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…]

Implementation of Code of Good Practice: DismissalFefaTech2025-09-08T09:35:42+02:00

Policies and Procedures in the Workplace

FefaTech2025-08-12T09:02:30+02:00

The relationship between the employer and the employee is based on mutual benefits and respect. Clear rules and guidelines ensure that friction and misunderstandings are kept to a minimum, which in turn promotes not only productivity but also a [more…]

Policies and Procedures in the WorkplaceFefaTech2025-08-12T09:02:30+02:00

Labour Court rules against ‘just following orders’ defence in South Africa

FefaTech2025-08-12T08:56:44+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

Termination as a result of prolonged illness

FefaTech2025-07-21T11:36:15+02:00

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…]

Termination as a result of prolonged illnessFefaTech2025-07-21T11:36:15+02:00

Alcohol in the workplace: Legal compliance and employee support

FefaTech2025-07-21T11:17:50+02:00

Introduction

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.

Company policies

It is advisable that a [more…]

Alcohol in the workplace: Legal compliance and employee supportFefaTech2025-07-21T11:17:50+02:00

CCMA ruling allows CETA to discipline employee who misused whistleblower status

FefaTech2025-06-17T10:40:30+02:00

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…]

CCMA ruling allows CETA to discipline employee who misused whistleblower statusFefaTech2025-06-17T10:40:30+02:00

Automatic Termination Clauses Do Not Trump the LRA: The Biyana Case

FefaTech2025-06-11T08:42:04+02:00

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…]

Automatic Termination Clauses Do Not Trump the LRA: The Biyana CaseFefaTech2025-06-11T08:42:04+02:00

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