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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.

Can a WhatsApp message cost an employee their job? This article examines two 2026 Labour Court decisions that reached different outcomes, explaining when workplace WhatsApp messages justify dismissal, how proportionality is assessed, and what employers should include in their disciplinary and social media policies to reduce CCMA risk.

What does the latest Employment Equity reporting data mean for South African employers? This article analyses the new CEE baseline data, the decline in EE reporting, leadership representation trends, disability inclusion, sectoral targets, ongoing legal challenges to the Employment Equity Amendment Act, and what employers should do to remain compliant and protect their EE Compliance Certificates.

The Labour Appeal Court reaffirmed that condonation for late referrals is not automatic under South African labour law. In Aspen Holdings v Phelane, the Court ruled that applicants must provide a full explanation for every period of delay, regardless of the merits of their case. The judgment highlights the importance of complying with statutory timeframes, proper legal procedure, and the strict principles governing condonation applications in dismissal disputes before the Lab

AARTO Phase 2 is now live across most of South Africa, introducing formal administrative enforcement for road traffic infringements and creating new compliance obligations for employers. Businesses with employees who drive company vehicles or travel for work must update policies, driver records, and reporting systems to manage infringement notices effectively. With the demerit points system expected in 2027, now is the time for employers to strengthen governance and fleet com

The Constitutional Court’s Van Wyk judgment has transformed parental leave in South Africa, requiring employers to review leave policies, HR processes, and payroll systems. The new interim framework provides more equitable parental leave rights for biological, adoptive, and commissioning parents while reducing discrimination risks. Employers should act now to ensure compliance with the BCEA, strengthen workforce planning, and prepare for future legislative amendments.

Global labour market trends for Q2 2026 reveal a shift towards Employer of Record (EoR), contingent staffing, and workforce planning solutions. As organisations adopt more flexible and cross-border workforce models, HR and business leaders must modernise governance, strengthen compliance, and integrate workforce strategies. Companies that align people, policies, and leadership with evolving workforce trends will improve resilience, reduce compliance risks, and gain a competit