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Is a plea-bargain agreement binding on the chairperson of a workplace disciplinary hearing in South Africa? In SAPS v Mkonto, the Labour Appeal Court confirmed that plea agreements are permissible but do not bind disciplinary chairpersons when deciding an appropriate sanction. The judgment explains what should happen when an agreed sanction is rejected, when an employee should be allowed to withdraw a guilty plea, and how substantive and procedural fairness apply.

What do South African employers need to know about Employment Equity reporting in 2026? This guide explains who must submit EEA2 and EEA4 reports, the 15 January 2027 online deadline, annual Employment Equity targets, five-year sectoral targets, workforce and remuneration data, common reporting mistakes and how designated employers can prepare for the first assessment year under the new Employment Equity framework.

Can an employer’s treatment of sick leave amount to constructive dismissal in South Africa? In Lewis v CCMA and Others, the Labour Court found that accusations of sick leave abuse, questioning medical evidence without proper verification, reversing approved sick leave and withholding salary made continued employment intolerable. The employee was found to have been constructively and unfairly dismissed and was awarded compensation.

Is 4 November 2026 a public holiday in South Africa? The President has declared Wednesday, 4 November 2026 a national public holiday for the local government elections. This employer guide explains what the additional holiday means for payroll, annual leave, shift rosters, employees required to work, continuous operations and workplace planning under South African employment law.

Can an employee be automatically dismissed for testing positive for alcohol under a zero-tolerance workplace policy? In Cipla Distribution Gateway v Mwale, the Labour Court upheld a CCMA reinstatement award and confirmed that a positive breathalyser result alone does not remove the requirement to assess fairness. The case highlights impairment, breathalyser reliability, confirmatory testing, proportionality and individual circumstances when determining whether dismissal is fa

How can organisations build diversity and inclusion in the South African workplace? This practical guide explains diversity, inclusion and belonging, and explores Employment Equity, cultural intelligence, stereotypes, unconscious bias, inclusive leadership and organisational culture. Learn how employers can remove workplace barriers, strengthen multicultural teams and turn workforce diversity into meaningful participation and belonging.

What are the key South African labour law issues employers should review in 2026? This practical guide covers recent case law, dismissals, disciplinary processes, Employment Equity, workplace policies, management decisions and emerging AI risks. It also explains how employers and HR teams can prepare for legal changes and make fairer, better-documented workplace decisions.

Can an employee be dismissed if their refugee status or legal authorisation to work in South Africa expires? In Muyulenu v Global Telesales, the Labour Court found that continued employment would have been unlawful under the Immigration Act. Although the CCMA Commissioner committed a gross irregularity during arbitration, the Court ultimately found the employee’s dismissal procedurally and substantively fair.

What are the roles, responsibilities and rights of a shop steward in South Africa? This practical guide explains Section 14 of the Labour Relations Act, employee representation in grievances and disciplinary hearings, collective bargaining, organisational rights, workplace conflict, CCMA processes and the skills effective shop stewards need. It also explains what employers should consider when choosing practical shop steward training.

Can an employee be dismissed for calling a manager a “white racist” in South Africa? In CSAAWU obo Qomoyi v CCMA and Others, the Labour Appeal Court found that the words were not automatically racist and had to be assessed in their full workplace, social and historical context. The Court found the dismissal substantively unfair and ordered retrospective reinstatement.

How can South African employers better support women with disabilities? This Women’s Month article examines workplace inclusion, reasonable accommodation, Employment Equity, accessible development, unconscious bias and the barriers that can restrict career progression. It explores practical ways organisations can create workplaces where women with disabilities can participate, develop and lead.

Can employers accept a traditional healer's medical certificate for sick leave? This article explains South Africa's current legal position under the Basic Conditions of Employment Act (BCEA), the Traditional Health Practitioners Act, the Kievits Kroon judgment, the Judge Lekale incapacity tribunal, and what employers should know about incapacity, cultural accommodation, discrimination, and traditional healer certificates.

South Africa's National Minimum Wage Commission has opened the consultation process for the 2027 National Minimum Wage adjustment. Find out who can make submissions, the 4 September 2026 deadline, the factors the Commission considers, expected payroll impacts, budgeting guidance, and how employers can prepare for the March 2027 minimum wage increase.

Can an employer refuse to appoint a candidate to meet Employment Equity targets? This article examines the Labour Appeal Court's decision in Eskom Holdings SOC Ltd v Solidarity obo Erasmus, explaining why Eskom's affirmative action measures and pipeline strategy were upheld, how lawful affirmative action differs from unfair discrimination, and what the judgment means for employers implementing Employment Equity plans.

South Africa has published the Draft Reviewed Code of Good Practice on the Preparation and Implementation of the Employment Equity Plan for public comment. Learn what the proposed Employment Equity Plan Code changes mean for designated employers, sector targets, EAP planning, consultation, compliance certificates, Employment Equity reporting, and how to submit comments before the 60-day deadline.

How can you verify a B-BBEE certificate and detect fraud? This guide explains how to identify fake or altered B-BBEE certificates, recognise fronting risks, validate SANAS accreditation, and strengthen supplier due diligence to reduce procurement, tender, and verification risks in South Africa.

Does a CCMA settlement agreement prevent an employee from pursuing further legal claims? This article examines the Labour Appeal Court's decision in Moropene v Competition Commission of South Africa, explaining when a settlement is considered full and final, how courts interpret settlement agreements, and what employers and employees should know before resolving dismissal disputes.

How can organisations improve their B-BBEE scorecard? This guide explains how a practical B-BBEE Bootcamp helps businesses strengthen compliance, optimise scorecard performance, prepare for verification, and align procurement, skills development, Employment Equity, and supplier development with long-term business strategy.

Can an employee be dismissed for insulting colleagues? This article examines the Labour Appeal Court's decision in Arunachellam v Woolworths, where a 28-year employee was reinstated because dismissal was found to be a disproportionate sanction. Learn what the judgment means for progressive discipline, long service, disciplinary codes, and unfair dismissal cases in South Africa.

Can an employer dismiss someone after they continue working beyond retirement age? This article explains the Constitutional Court’s split judgment on age-based dismissal, tacit extensions, automatically unfair dismissal, and the risks of poor retirement planning. Learn why employers need clear policies, early engagement, consistent practice, and written post-retirement agreements.