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AARTO Phase 2 Goes Live: Employers and Employees Now Face Real Legal Consequences for Driving Conduct
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

John Botha
4 days ago3 min read


The New Workforce Mix
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

John Botha
6 days ago2 min read


Parental Leave After Van Wyk: What Every South African Employer Needs to Know
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.

GBS
6 days ago4 min read


Labour Appeal Court Reinforces Employer’s Right to Enforce Restraint of Trade
Can a restraint of trade still apply after dismissal? This article explains the Labour Appeal Court ruling in Backsports v Motlhanke, where the Court confirmed that restraint agreements remain valid after employment ends, unless fraud or bad faith is proven. Learn what the judgment means for employers seeking to protect clients, staff, goodwill, and business assets.

Jonathan Goldberg
Jun 253 min read


Labour Court Upholds Dismissal Over Dishonesty in Promotion Interview
Can an employee be dismissed for failing to disclose a disciplinary record during a promotion interview? Learn how the Labour Court ruled in Hlangana v South African Local Bargaining Council, why misrepresentation was considered serious misconduct, and what the case means for employers, recruitment processes, workplace integrity, and trust-based employment relationships.

Jonathan Goldberg
Jun 43 min read


Why SA's Entry-Level Labour Laws are Failing Young Workers
SA’s youth unemployment crisis is exposing critical flaws in entry-level labour laws. While worker protections remain essential, cumulative compliance costs, bargaining council obligations, and rigid dismissal procedures discourage employers from hiring first-time workers. A proposed 12-month first-job framework could lower hiring risks. Smarter labour market reform may be key to unlocking opportunities for millions of young South Africans.

Thembi Chagonda & John Botha
May 284 min read


Desertion or Absence? Using the 2025 Code to Get Desertion Dismissals Right
Understand the difference between absenteeism, abscondment, and desertion in South African labour law. Explore how the 2025 Code of Good Practice on Dismissal guides employers on desertion policies, tracing employees, procedural fairness, dismissal processes, and defensible workplace decisions.

John Botha
May 213 min read


Why SA’s high earners may soon lose the right to reclaim their jobs
The Labour Law Amendment Bill proposes limiting reinstatement for employees earning above R1.8 million. This article explains how unfair dismissal remedies may change, the legal and business implications, and what employers and executives should prepare for in South Africa.

Jonathan Goldberg
Apr 304 min read


The Sick Note That Won’t Stop Your Disciplinary Hearing
Can an employee stop a disciplinary hearing with a doctor’s note? This article explains South African labour law on sick notes, postponements, hearsay evidence, and in absentia hearings. It unpacks key cases showing why a certificate saying “unfit for work” may not be enough to justify non-attendance at a disciplinary enquiry.

Anndine Dippenaar
Apr 235 min read


New BCEA Earnings Threshold Rises to R269 600.90 from 1 May 2026
The Minister of Employment and Labour has increased the BCEA earnings threshold to R269 600.90 per year, effective 1 May 2026. This change affects which employees qualify for protections on working hours, overtime, meal intervals, rest periods, Sunday work, night work, and certain public holiday pay rules. Employers should audit payroll, contracts, and workforce classifications to stay compliant.

John Botha
Apr 223 min read


Injury on Duty Starts Before the Claim Form: Why South African Employers Need a New COIDA Response
COIDA reforms and 2026 regulations are transforming how employers must manage workplace injuries in South Africa. This article explains why injury-on-duty starts before the claim form, and how rehabilitation, return-to-work, and integrated case management are now essential for compliance, fairness, and labour law defensibility.

John Botha
Mar 236 min read


Dismissal: Banking Procedure
A Labour Appeal Court ruling involving Standard Bank clarifies when negligence and failure to follow internal policies justify dismissal. The case highlights the importance of clear procedures, employee accountability, and the duty of honesty and fidelity expected in the financial services industry.

Jonathan Goldberg
Mar 193 min read


An Employee is Able to Choose His Employer when a Proper Restraint of Trade is not in Place
In Sourceworx v Datacentrix, the Gauteng High Court ruled that without a proper restraint of trade, an employee’s right to choose their employer cannot be limited by inter-company agreements. The Court rejected attempts to enforce no-poaching undertakings, emphasising constitutional rights, public policy, and the need for a legitimate protectable interest.

Jonathan Goldberg
Feb 123 min read


Government announces new National Minimum Wage of R30,23 per hour from 1 March 2026
The Department of Employment and Labour has confirmed a new National Minimum Wage of R30,23 per hour effective 1 March 2026, published in Government Gazette No. 54075. The increase applies economy-wide, including farm and domestic workers, with EPWP workers at R16,62 per hour and updated learnership allowances. Employers must ensure compliance to avoid penalties and enforcement action.

John Botha
Feb 42 min read


When Contracts Can't Replace Culture: The Judgment That Should Alarm Every Employer
The Labour Court has ruled that dismissing an employee for seeking alternative work violates constitutional rights. Grounded in Section 22 of the Constitution, this judgment warns employers that non-solicitation clauses restricting job-hunting are unenforceable. The article explores why trust and culture matter more than control, and how proactive retention tools outperform punitive contracts.

John Botha
Jan 223 min read


B-BBEE and the Bee Colony: A Strategic Symphony of Empowerment
Using the bee colony as a strategic metaphor, this article explains how Broad-Based Black Economic Empowerment works best as an integrated growth strategy rather than a compliance exercise. It explores how ownership, management control, skills development, enterprise and supplier development, and socio-economic development can operate in synergy to build resilient businesses, empower black talent, strengthen SMEs and drive inclusive economic growth.

Cindie Muller
Jan 63 min read


‘Please Call Me’: A Turning Point for Labour Law
Vodacom v Makate (“Please Call Me”) reshapes South African review law. The Constitutional Court held that decision-makers must properly consider material issues and give adequate reasons; process defects can justify setting aside awards even if outcomes seem reasonable. It confirmed three review routes for CCMA awards: LRA s145, s145 read with Constitution s34, and direct reliance on s34. Matter sent back to the SCA.

Jonathan Goldberg
Dec 16, 20253 min read


National Minimum Wage Commission Proposes 2026 Adjustment: Employers Invited to Participate
The National Minimum Wage Commission has proposed a 2026 increase of CPI plus 1.5%, following its annual review under the National Minimum Wage Act. With the current wage at R28.79 per hour and 5.5 million workers affected, employers are invited to submit representations by 12 January 2026. The proposal highlights compliance risks, SMME impact, enforcement priorities and available relief measures.

John Botha
Dec 12, 20253 min read


Advancing Your HR Practice: The Strategic Value of the Advanced Occupational Certificate (NQF 6)
Advance your HR career with the Advanced Occupational Certificate: HRM Officer (NQF 6). This qualification equips HR professionals to move from admin and transactional tasks into true strategic partnership. Blend knowledge, practical skills, and workplace application to manage talent, design organisations, support employment relations, and align people strategy with business goals in a fast-changing, digitally enabled workplace.

GBS
Dec 10, 20252 min read


Ten Years at the CCMA: What the Numbers Tell Us—and Where Dismissals Are Heading Next
CCMA statistics, unfair dismissal trends, BCEA enforcement, NMWA referrals, South African labour disputes, CCMA caseload 2025, dismissal patterns SA, incapacity disputes, operational requirements terminations, automatically unfair dismissal, CCMA turnaround times, vulnerable worker sectors SA, private security referrals, labour dispute forecast, wage compliance enforcement, SA workplace justice, retrenchment processes, CCMA arbitration efficiency, labour relations trends SA,

John Botha
Dec 4, 20253 min read
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