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EE REPORTING HALVES AS SOUTH AFRICA'S "GLASS CEILING" AT THE TOP HARDENS
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.

John Botha
3 days ago3 min read


“WhatsApp Can Cost You Your Job… Or Save It” – A 2026 Labour Law Lesson for Employers
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.

Grant Wilkinson
3 days ago2 min read


CONDONATION – LATENESS DUE TO SPIRITUAL CALLING
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

Jonathan Goldberg
Jul 23 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


Employment Equity Reporting 2026: The Year Targets Are Tested
What must employers know about Employment Equity Reporting in 2026? This article explains how sectoral targets are changing EE compliance, why EEA2 and EEA4 accuracy matters, how to prepare for Department of Labour reviews, and how organisations can align workforce planning, Employment Equity Committees, recruitment, promotions, and skills development with transformation goals.

GBS
Jun 244 min read


Disciplinary Enquiries and CCMA Arbitration: Why Winning the Hearing Is Only Half the Battle
How can employers win disciplinary cases at the CCMA? This article explains why disciplinary enquiries must be managed with arbitration in mind, covering investigations, charge formulation, procedural fairness, substantive fairness, evidence preparation, witness management, and CCMA readiness under South African labour law.

John Botha
Jun 155 min read


COSATU's 19 June Protest Action: What Every Employer Must Do Now
Is your organisation prepared for COSATU’s protected nationwide protest action on 19 June 2026? Learn what Section 77 of the Labour Relations Act means for employers, including no-work-no-pay rules, employee participation rights, essential services obligations, workforce planning, picketing considerations, and strike preparedness strategies.

John Botha
Jun 114 min read


Whistleblowers, Direct Marketing, and Compliance Risk: Two Legal Changes South African Organisations Cannot Ignore
What are the biggest compliance risks facing South African organisations in 2026? Learn how upcoming Protected Disclosures Act amendments and new Consumer Protection Act direct marketing regulations affect whistleblower policies, reporting channels, consumer consent, opt-out requirements, governance frameworks, and compliance obligations. Understand what employers must do to reduce legal, operational, and reputational risk.

GBS
Jun 104 min read


Labour Court upholds dismissal of NUMSA shop stewards over ‘Impimpi’ WhatsApp message
Can employees be dismissed for WhatsApp messages sent to colleagues? The Labour Court's decision in Weir Minerals Africa v NUMSA confirms that workplace communications which intimidate employees or discourage reporting misconduct can justify dismissal. Learn how the Court assessed the meaning of “impimpi”, the role of remorse, reinstatement, and the fairness of dismissal under South African labour law.

Jonathan Goldberg
Jun 93 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


What the NCC Opt-Out Registry Means for Business Compliance
South Africa’s NCC Opt-Out Registry has changed the rules for direct marketing. Learn what businesses must do to comply with the Consumer Protection Act amendments, including NCC registration, monthly database cleansing, opt-out management, POPIA compliance, marketing consent requirements, and enforcement risks for email, SMS, WhatsApp, and telephonic campaigns.

Sue Singh
Jun 14 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


POPIA and Employee Medical Records: The Compliance Risk Employers Cannot Ignore
South Africa’s 2026 POPIA health information regulations place stricter obligations on employers processing employee medical records, sick notes, occupational health assessments, and disability information. Learn about lawful processing grounds, operator agreements, health data security, cross-border transfers, and POPIA compliance risks for HR and occupational health environments.

Sue Singh
May 193 min read


MLLU BotBuddy 2026: A Labour Law AI Assistant for South African Employers
MLLU BotBuddy 2026 is a labour law AI assistant built for South African employers, HR professionals, ER practitioners, and legal teams. Trained on labour law update content and South African case law from 2023 onward, it helps users search cases, generate policy clauses, create compliance checklists, and support disciplinary and workplace processes. Delegates attending the Mid-Year Labour Law Update 2026 receive exclusive six-month access.

Courtenay Botha
May 145 min read


Paying Someone to Obstruct Their Own Disciplinary Hearing
South African labour law generally requires precautionary suspension to remain on full pay. But recent Labour Court rulings confirm that employers may convert suspension to unpaid where employees deliberately delay disciplinary hearings through postponements, sick notes, or abuse of process. Learn what the law says and what employers should document.

Anndine Dippenaar
May 45 min read


Employment Equity Committee Capacitation: Why Strong EE Committees Matter More Than Ever in 2026
Employment Equity Committees are becoming central to compliance, consultation, and transformation governance in South Africa. Learn how EE Committee capacitation helps organisations manage sectoral targets, DG Reviews, EE Plans, workforce analysis, and Employment Equity reporting effectively in 2026.

GBS
May 45 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 Algorithm in the Room: Why Every Employer Needs an AI Policy — Now
Artificial intelligence is transforming hiring, performance management, and workplace monitoring. This article explains why South African employers need an AI policy now, how existing laws like POPIA, the LRA, and the EEA already regulate AI use, and what a compliant AI governance framework should include.

John Botha
Apr 298 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
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