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.

South African labour law recognises competent verdicts in disciplinary enquiries, where an employee may be found guilty of misconduct not precisely reflected in the charge sheet. The decisive test is prejudice: whether the employee understood the factual conduct, had a fair opportunity to defend themselves, and would not have defended differently. This article unpacks leading cases and offers practical guidance for HR and chairpersons on substance over form.

South African compliance is shifting from reactive, complaint-driven enforcement to coordinated, intelligence-led regulation. This article shows how compliance bottlenecks create operational paralysis and avoidable risk, and how proactive governance, clear accountability, and early-warning systems turn compliance into strategic flow, resilience, and board-level assurance.

From 1 February and 1 April 2026, COIDA’s amendments move beyond compensation to a statutory rehabilitation and return-to-work model. Employers must support reintegration through adapted duties, phased return plans, and vocational options, with PTSD explicitly recognised as an occupational disease. Expanded coverage for training and employer transport, longer claim prescription, inspections, and new penalties make proactive compliance essential.

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.

Two decades after its introduction, Black Economic Empowerment remains central to South Africa’s transformation agenda. This article examines whether BEE has delivered broad-based economic participation or primarily benefited a small elite, and argues for a shift toward skills, SMEs, inclusive procurement and grassroots empowerment.

The dtic has gazetted sweeping proposed B-BBEE amendments, including a 3% NPAT Transformation Fund alternative to ESD and tougher procurement targets favouring 100% black-owned enterprises. This article unpacks the proposals, compliance risks, strategic trade-offs, and immediate actions businesses should take.

In De Weijer v Babcock Africa Services, the Labour Court confirmed that a retrenchment during the COVID-19 downturn was substantively and procedurally fair. The judgment highlights how operational necessity, role redundancy, consultation, disclosure of financial information, and limits on bumping are assessed under section 189 of the Labour Relations Act.

The Labour Department is rolling out proactive inspections, public “hit lists” and multi-agency enforcement blitzes targeting serial offenders. This article outlines the new inspection reality, the five key compliance focus areas, and why employers must move from reactive compliance to proactive audits, remediation and early warning systems.

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.

As coalition politics, institutional pressure and global instability intensify, South African employers face a shifting employment relations landscape. This article explains how political drift fuels aggressive wage bargaining, strike action and policy uncertainty, and why boards must treat labour stability as a strategic risk. It highlights the importance of fair procedures, social dialogue and workplace partnership to protect business continuity and the social licence to op

As scrutiny on transformation deepens, South African organisations must move beyond reactive B-BBEE compliance. This article outlines a blueprint approach that embeds B-BBEE into business strategy, aligns leadership, integrates scorecard elements, and uses smart monitoring to turn transformation into a long-term growth and credibility advantage in 2026 and beyond.

Prepare your HR function for 2026 with a practical playbook covering equal parental leave, AI adoption, policy alignment and ethical digital transformation. Learn how to strengthen compliance, productivity and employee engagement in a fast-changing workplace.

The Labour Appeal Court confirmed the fair dismissal of 19 employees involved in strike-related misconduct at Polyoak Packaging, clarifying how interdict breaches, video evidence, and consistent disciplinary standards influence dismissal disputes.

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.

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.

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.

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.

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.

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