top of page


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
1 day ago5 min read


Mid-Year Labour Law Update 2026: What Employers Must Know Right Now
The Mid-Year Labour Law Update 2026 gives South African employers a clear view of key legal developments, case law, and compliance risks from the first half of the year. Learn how to adjust policies, strengthen processes, and prepare for emerging workplace challenges before they escalate.

GBS
1 day ago4 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
1 day ago3 min read


The Splitting of Charges in Disciplinary Enquiries: When One Incident Becomes Multiple Charges
When does one incident justify multiple disciplinary charges? This article explains the legal test for splitting charges in South African labour law, with key case insights on fairness, evidence, and how employers should draft defensible charges.

Anndine Dippenaar
Apr 133 min read


How to Manage Organisational Change Effectively in South Africa
Managing organisational change in South Africa requires a structured, compliant, and people-focused approach. This guide covers key steps including legal considerations, employee engagement, leadership alignment, and implementation strategies to ensure successful and sustainable business transformation.

GBS
Apr 74 min read


From Schedule 8 to the New Dismissal Code: What Really Changes in Misconduct Cases?
The new Code of Good Practice: Dismissal (2025) builds on Schedule 8 but introduces a more structured approach to misconduct cases. This article explains how to determine guilt, assess sanction, apply consistency, and evaluate trust, harm, and fairness in disciplinary processes under South African labour law.

John Botha
Apr 25 min read


POPI Compliance in the Workplace: Why Data Protection Is Now a Core Business Priority
POPIA has transformed how South African organisations manage personal information. This article explains key compliance requirements, risks of non-compliance, and how businesses can move from fragmented policies to structured, organisation-wide data protection practices.

GBS
Apr 13 min read


From Garvas to Massmart: The evolving journey of civil liability for strike damages in South Africa
From SATAWU v Garvas to SACCAWU v Massmart, South African labour law has clarified civil liability for strike-related damage. This article explains the shift toward High Court delictual claims, the role of foreseeability and prevention, and what employers and unions must prove in strike violence cases.

Grant Wilkinson
Mar 314 min read


Speak Up or Stay Silent? Why Whistleblowing in South Africa Just Got More Consequential
The Kunene v Akani Egoli judgment is a major warning to South African employers: disclosures made during grievance processes can qualify as protected disclosures under the Protected Disclosures Act. This article explains the case, the legal protections for whistleblowers, the risks of retaliation, and why every organisation needs a clear whistleblowing policy and trusted internal reporting channels.

John Botha
Mar 245 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


B-BBEE Skills That Build Nations: Why Skills Development Is the Heart of Transformation
Within the B-BBEE framework, skills development plays a critical role in building economic participation and sustainable transformation. This article explores how organisations can move beyond compliance by investing in learnerships, internships, bursaries and leadership development to strengthen talent pipelines, support youth employment and drive long-term national growth.

GBS
Mar 183 min read


Whistleblowers in South Africa: Employment Law, Recent Enquiries, and a Turning Point in Protection
South Africa’s whistleblower framework is under growing pressure to evolve. This article explores how the Protected Disclosures Act and Labour Relations Act interact in the workplace, why current protections are seen as inadequate, and how proposed reforms may expand employer duties, strengthen anti-retaliation measures, and reshape whistleblowing as a core governance and employment law issue.

Grant Wilkinson
Mar 174 min read


A New Era for Injured Workers: South Africa’s COIDA Regulations Put Human Rehabilitation at the Centre of Occupational Recovery
South Africa’s new COIDA Rehabilitation and Return-to-Work Regulations place legal duties on employers to support injured workers through structured rehabilitation and reintegration programmes. Learn key compliance steps, employer obligations, and how the new framework prioritises human recovery.

John Botha
Mar 129 min read


Labour Court: Delay in Disciplinary Action NOT Governed by Prescription Act
A landmark Labour Court ruling clarifies that the Prescription Act does not apply to internal disciplinary proceedings. Employers may discipline historical misconduct, although unreasonable delays may still affect procedural fairness and CCMA outcomes.

Jonathan Goldberg
Mar 113 min read


South Africa's Labour Law Landscape Is About to Change — And Your Voice Matters
After two years of NEDLAC negotiations, proposed amendments to the Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act and National Minimum Wage Act have been gazetted for public comment. This article breaks down major employer-facing changes, including high-earner remedy limits, a simplified procedural fairness test, start-up exemptions, retrenchment reforms, Section 77 limits, and risks like higher severance pay and “on call” protections.

John Botha
Feb 269 min read


Private Note Sparks Court Battle Over Dismissal
The Labour Court reviewed a dismissal dispute involving a private note written during disciplinary proceedings, emphasising that arbitration awards cannot rely solely on documents without properly tested evidence. The judgment reinforces procedural fairness and evidentiary standards in CCMA dismissal cases.

Jonathan Goldberg
Feb 263 min read


Tried but Couldn’t or Could but Didn’t? Why Poor Performance Cases Are Surging and What Employers Must Get Right
As technology and workplace expectations shift, poor performance dismissals are becoming more complex. Recent South African labour law cases highlight how employers must correctly distinguish between incapacity, misconduct, and underperformance, apply fair PIP processes, and ensure procedural compliance to avoid unfair dismissal findings.

John Botha
Feb 253 min read


COSATU Calls Nationwide Protest Action on 26 February 2026: What Employers Need to Know
COSATU has announced protected protest action under Section 77 of the Labour Relations Act on 26 February 2026. Employers must understand employee protections, no work no pay rules, and operational risks. This guide explains legal obligations, payroll implications, and practical steps employers should take to manage protest-related disruption lawfully and effectively.

John Botha
Feb 175 min read


Zulu Nyala v Beukes: POPIA Compliance Lessons on Post Employment Data Misuse
Zulu Nyala v Beukes clarifies that Section 20 of POPIA imposes ongoing obligations on employees who access personal information. Post-employment misuse of client data can lead to interdicts and legal action. Employers must strengthen confidentiality clauses, access controls, POPIA training, and exit procedures to prevent data breaches and protect commercial information.

Sue Singh
Feb 164 min read
Latest News
bottom of page
