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‘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 163 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 123 min read


New OHS Space, Safety and First‑Aid Duties: What Employers Must Fix on the Ground
New OHS regulations issued in December 2025 tighten employer duties on space standards, housekeeping, fire safety, escape routes, flooding risks, risk assessments and first-aid coverage. The rules introduce explicit criminal penalties, requiring employers to redesign workspaces, improve emergency readiness, maintain risk-assessment systems and ensure certified first-aiders per shift. Proactive audits are now essential to avoid liability.

John Botha
Dec 115 min read


Unfair Dismissal – Mental Health
The Labour Appeal Court overturned a ruling that an ethical hacker at Sanlam was constructively dismissed, finding he resigned voluntarily and had not proven intolerable working conditions. Mental-health arguments raised only at review were rejected, with the Court confirming that incapacity and constructive dismissal must not be conflated. The CCMA’s original finding was restored, offering clarity on mental-health claims in dismissal disputes.

Jonathan Goldberg
Dec 93 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 43 min read


Mastering Labour Relations in South Africa: Why the NQF 6 Qualification Matters
South Africa’s labour-relations landscape is becoming more complex, driven by expanding case law, rising compliance demands and digital transformation. An NQF 6 Labour Relations Practice qualification equips practitioners with advanced legal, strategic and workplace-ready skills. Organisations benefit through fewer disputes, stronger compliance and improved IR capability. As labour dynamics evolve, formalised training has become essential for HR, legal and IR professionals.

GBS
Dec 33 min read


B-BBEE and the Ant Colony: A Strategic Blueprint for Synergy and Empowerment
B-BBEE works best when viewed not as compliance but as coordinated empowerment. Like an ant colony, South Africa’s economy thrives when every participant plays a meaningful role. Effective B-BBEE aligns ownership, skills development, supplier development and socio-economic investment into a unified growth ecosystem. By shifting from tick-box reporting to collaborative strategy, businesses can unlock new markets, build resilient supply chains and drive inclusive, long-term eco

Cindie Muller
Dec 23 min read


Labour Appeal Court Upholds Appeal
The Labour Appeal Court in SACCAWU v Putini re-affirmed that labour disputes must be resolved swiftly and that unions and employers may not abuse procedural rules to delay justice. After years of litigation over a 2010 dismissal and a CCMA reinstatement award made an order of court under section 158(1)(c) of the LRA, the LAC upheld the appeal but confirmed the employee’s right to reinstatement and ordered SACCAWU to pay costs.

Jonathan Goldberg
Nov 252 min read


Overview of AARTO’s Phased Rollout
AARTO’s phased rollout will soon expand administrative traffic enforcement nationwide, making employer readiness essential. With delays to implementation, organisations have a brief window to update policies, monitor fines, track driver demerit points, and prepare for licence suspensions that may disrupt operations. By auditing systems, creating clear AARTO procedures, and training staff now, employers can reduce financial and operational risks before nationwide enforcement b

John Botha
Nov 172 min read


Eskom Victory: Appeal Court Upholds "Pipeline" Shortlisting as Lawful Transformation Strategy
The Labour Appeal Court has upheld Eskom’s “pipeline” shortlisting policy as lawful under the Employment Equity Act. The Court found that prioritising designated groups for senior roles to advance transformation does not constitute unfair discrimination, provided it’s rational, flexible, and not an absolute barrier. This ruling clarifies that preferential recruitment may form part of legitimate employment equity strategies aligned with constitutional principles.

John Botha
Nov 174 min read


Unlocking Your B-BBEE Scorecard: Make Every Point Count in 2025
A strong B-BBEE strategy is now essential for competitiveness. With evolving Sector Codes and tighter verification scrutiny, organisations must align Skills Development, Procurement and ESD practices to unlock real scorecard value. Effective tracking of black-owned suppliers, verification-ready evidence, and linking bursaries, learnerships and absorption to measurable points can prevent audit losses and improve transformation impact ahead of 2025.

GBS
Nov 172 min read


Labour Appeal Court Rules Employee’s Insolence Bars Return to Work
The Labour Appeal Court in CCI Call Centres (Pty) Ltd v Pinn [2025] ZALAC 24 upheld an employee’s dismissal for gross insubordination and insolence after he refused to process payroll codes and insulted the CFO. The Court ruled reinstatement inappropriate due to the breakdown of trust, criticising the Labour Court for re-hearing the case instead of applying the reasonableness test. The Arbitrator’s one-month compensation award was reinstated.

Jonathan Goldberg
Nov 122 min read


From Paper Trails to Progress: How AI Is Transforming Enterprise Development Impact
AI is revolutionising Enterprise Development (ED) by replacing paperwork with proactive impact tracking. From smart beneficiary profiling and automated milestone monitoring to impact forecasting and compliance-ready dashboards, AI enables real-time visibility and measurable empowerment. South African organisations can now move beyond compliance, using data intelligence to build sustainable, inclusive supplier ecosystems that drive transformation and long-term growth.

Cindie Muller
Nov 112 min read


Van Wyk Post-Ruling: Navigating Compliance, Risk Management, and Implementation of South Africa’s New Parental Leave Framework
The Constitutional Court’s Van Wyk judgment reshapes South Africa’s parental-leave framework under the BCEA and UIA, requiring equal treatment for all parents and prompting major compliance, cost, and policy challenges. Employers must now reassess paid-leave benefits, align with interim provisions effective 3 October 2025, and balance equity with sustainability through lawful consultation, capped-benefit models, and strategic HR planning.

Sue Singh
Nov 64 min read


Dismissal for absence during JailTime upheld
The Labour Court in Ndzeru v Transnet National Ports Authority [2023] ZALCCT 11 upheld the dismissal of an employee jailed for attempted hijacking. Absent for over seven weeks, the worker was dismissed for incapacity after bail was twice denied. The Court ruled the process fair, noting union representation and no duty for a post-dismissal hearing in incarceration cases. The judgment affirms operational fairness and employer rights where absence stems from imprisonment.

Jonathan Goldberg
Nov 53 min read


Consequences of Swearing at Your Boss: Legal Principles and the Role of the Amygdala Hijack
Swearing at a boss may feel impulsive, but in South African labour law, emotional outbursts seldom excuse misconduct. The Labour Relations Act recognises verbal abuse toward senior leaders as gross misconduct and insubordination. Dismissal can be fair if trust breaks down and procedures are followed. While stress or provocation may mitigate, the law prioritises respect, discipline, and procedural fairness over emotional impulse.

John Botha
Nov 43 min read


Managing Absenteeism and Sick-Leave Abuse: Practical Strategies for South African Employers
Absenteeism and sick-leave abuse cost South African employers time, productivity, and legal exposure. Effective management requires consistent policy, accurate data tracking, medical certificate verification, and fair application of the BCEA and LRA. By treating absenteeism as a strategic issue—not just HR admin—organisations can reduce costs, boost morale, and ensure compliance through proactive, transparent, and human-centred frameworks.

GBS
Oct 303 min read


Education officials’ sacking upheld after R2m ghost scam
The Labour Appeal Court in Gauteng Department of Education v GPSSBC [2025] ZALAC 2 upheld the dismissal of four officials linked to a R2 million ghost employee scam. Despite earlier reinstatement rulings, the LAC found the employees’ failure to safeguard or explain compromised login credentials made them accountable. The Court ruled the dismissals substantively and procedurally fair, reinforcing accountability in public-sector payroll and IT access control.

Jonathan Goldberg
Oct 293 min read


The Hidden Cost of Goodbye: Why Proper Employee Offboarding is Your Company's Most Overlooked Risk
Poor employee offboarding exposes South African companies to POPIA breaches, IP theft, and reputational harm. A structured exit framework protects data, enforces legal obligations, and preserves institutional knowledge. From asset recovery and access control to confidentiality reminders and exit interviews, strategic offboarding is a compliance safeguard and culture-building tool that turns risk into operational resilience.

John Botha
Oct 236 min read


LAC upholds sanctity of agreed job descriptions
The Labour Appeal Court in IMATU obo Spangenberg v Overberg District Municipality [2024] ZALAC 56 reaffirmed that employers cannot unilaterally alter agreed job descriptions or bypass approved job evaluation systems. The LAC reinstated the arbitration award, finding the Labour Court exceeded its powers by directing the PAC to act outside its mandate. The ruling underscores the sanctity of job evaluation processes and the limits of managerial discretion in labour relations.

Jonathan Goldberg
Oct 212 min read
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