Legal updates and opinions
Search Author
Navigating Section 197 in Public Service contracts: Lessons from the King Cetshwayo District Municipality case
and Mike Searle, Candidate Attorney Introduction : ISSUE In the case of King Cetshwayo District Municipality v Water and Sanitation Services South Africa (Pty) Ltd and [...]
New Earnings Threshold
and Isabella Keeves, Candidate Attorney As of 1 April 2025, the annual earnings threshold as stipulated under the Basic Conditions of Employment Act 75 of 1997 [...]
Department of Employment and Labour Update: What to expect in relation to the implementation of the Employment Equity sector targets
On 17 February 2025, the Department of Employment and Labour ("DoEL"), held a virtual meeting where various stakeholders and industry players met to discuss and engage on, inter [...]
National Minimum Wage Increases For 2025
With effect from 1 March 2025, the national minimum wage will be adjusted to R28.79 for each ordinary hour worked. This marks an increase of 4.39% [...]
Are CCMA and Bargaining Council Subpoenas Meeting Legal Standards? A Closer Look at Substantive Compliance
and Rekgopetše Pula, Candidate Attorney Since inception, the issuance of subpoenas by the Commission for Conciliation, Mediation and Arbitration and Bargaining Councils has been wanting [...]
Key Updates to the Code of Good Practice on Dismissal: A Comparison of the 2025 Draft and the Original Framework
On 22 January 2025, the Department of Employment and Labour issued a draft update to the Code of Good Practice on Dismissal ("Draft Code") under [...]
Can language proficiency policies be used to exclude individuals who lack the required language skills from employment?
Our Constitution recognises 12 official languages and commits to promoting their development and use. Viewed through the lens of language, the Constitution reflects South Africa's aspirations [...]
Employment Equity Amendment Act Commencement – Important news for employers employing more than 50 employees
The President of the Republic of South Africa has recently proclaimed that the Employment Equity Amendment Act No.4 of 2022 ("EEAA") shall come into operation on [...]
Stretching Boundaries: Can a Trade Union Represent Employees Who Fall Outside of its Registered Scope in Employment Disputes?
and Yendiswa Sithole - Candidate Attorney The Constitutional Court ("the CC") in AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Ltd v National Union of [...]
Working From Home: Can Employers Withhold Pay Over Office Attendance?
and Hanán Jeppie - Candidate Attorney ISSUE In National Union of Public Service and Allied Workers obo Cesiko / South African Human Rights Commission [2024] 8 [...]
Revisiting Zero-Tolerance Policies: The NBCCI’s Ruling on Cannabis Use
and Hanán Jeppie - Candidate Attorney ISSUE In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), [...]
Whether a workplace policy automatically forms part of or can otherwise be construed as a collective agreement
and Tasreeq Ferreria - Candidate Attorney Issue Whether the Commission for Conciliation Mediation and Arbitration (the "CCMA") was correct in finding that the National Union of [...]
Machine managers: AI monitoring in the South African workplace
The impact of AI on the workplace is a rapidly evolving field of study, and South Africa can look to other countries, where cutting edge AI [...]
Mergers, acquisitions, corporate takeovers and staff restructuring: the devil is in the deal detail
South Africa’s corporate landscape has seen an uptick in transactional activity this year, marked by a mix of strategic mergers, acquisitions, and, in some cases, distressed [...]
Do Androids Dream of Unfair Dismissal?
A federal judge in California recently considered an employment discrimination claim that involved AI. Even though it considered specific circumstances which are fairly unique and groundbreaking, [...]
What lies ahead with respect to the employment of national Director-Generals amidst the new ministerial appointments?
As we tread new territory with a diverse cabinet, firmly moving into a new dispensation in our public administration, it is not unreasonable to imagine that [...]
Workplace Discipline: Testing Positive for Cannabis
and S'nenhlanhla Lushaba - Candidate Attorney In the case of Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd [1] the [...]
Evidential crossroads: Navigating hearsay evidence in CCMA proceedings
Introduction There is some debate surrounding the extent to which Commissioners are required to apply the general rule against the admission of hearsay evidence in matters [...]
Navigating the termination of conditional offers of employment: What employers need to know
and Yendiswa Sithole – Candidate Attorney Introduction In today's highly competitive employment market, securing the most suitable candidates is of paramount importance to the success of [...]
Employer ordered to pay compensation for failing to adequately investigate sexual harassment complaints
and Hanán Jeppie – Candidate Attorney Introduction An employer's liability in instances where it fails to comply with its statutory duties and its own sexual harassment [...]
Competition and Employment law observations from the recent decision of Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another [2024] ZACC 3
Introduction The recent Constitutional Court decision of Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another [2024] ZACC 3 ("Coca-Cola case") offers valuable insights from [...]
Striking a balance: The impact of strike violence on protected strikes
Danelle Plaatjies - Candidate Attorney and Hanan Jeppie - Candidate Attorney Issue Whether a protected strike that was characterised by serious violence and intimidation could [...]
Employee entitlements in the event of employer death
and Danelle Plaatjies - Candidate Attorney When the employment relationship ends due to the death of the employer, it terminates by operation of law, absolving both [...]
Caught on the sidelines: The cost of employee sick leave abuse
Danelle Plaatjies - Candidate Attorney and Yendiswa Sithole - Candidate Attorney What is an employer to do when an employee is booked off on sick leave, [...]
New Earnings Threshold
and Danelle Plaatjies - Candidate Attorney On 5 March 2024 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the [...]
