Can a Disciplinary Chairperson Ignore a Plea Bargain Agreement? Labour Law Guidance for South African Employers
Estimated reading time: 1 minute A plea bargain disciplinary hearing in South Africa may seem final once an agreement is signed, but that is not always the case. A recent Labour Appeal Court outcome confirms that while a disciplinary chairperson is not automatically bound by a plea bargain agreement, they also cannot accept a guilty plea and reject only the agreed sanction without following a fair process. For employers, this is not a technical HR issue. It is a labour law compliance and CCMA...
Labour Law Amendment Bill 2025: Employer Compliance Guide | SEESA Labour Law Consultants
Estimated reading time: 7 minutes What Employers Must Prepare for Now With the Labour Law Amendment Bill 2025 on the horizon, employers should take steps to ensure they are ready for the upcoming changes. The proposed Labour Law Amendment Bill, 2025 introduces significant reforms to South Africa’s labour framework. If enacted, the amendments will affect the Basic Conditions of Employment Act (BCEA), Labour Relations Act (LRA), Employment Equity Act (EEA) and National Minimum Wage Act...
Employment Equity South Africa: Labour Law Reform Employers Must Prepare For in 2026
Estimated reading time: 4 minutes Employment Equity South Africa is becoming even more important as major labour law reforms move closer to implementation. Following negotiations at NEDLAC and submissions to the Minister of Employment and Labour, several changes are being proposed that will affect dismissals, retrenchments, probation periods and compliance obligations. Although these reforms are not yet law, they clearly show where labour regulation in South Africa is heading. For employers,...
POPIA compliance in 2026: the basics every business still gets wrong
Even years after POPIA came into full effect, the same compliance gaps continue to surface across different industries. Many businesses believe they are POPIA compliant until a complaint, audit, or data breach proves otherwise.
Here are some of the most basic POPIA mistakes we still see:
1. Information Officers appointed “on paper only”.
The Information Officer is registered on the Information Regulators e-Services portal, but there is no real understanding of the role, no internal authority, and no ongoing oversight of compliance activities.
2. Outdated or generic privacy notices
Outdated or generic privacy notices often misrepresent actual processing activities in the company.
3. No POPIA training beyond management
POPIA compliance is treated as a legal or HR issue, while frontline employees, who handle personal information daily, receive little or no training.
4. Assuming IT equals POPIA compliance
Strong IT systems alone are not enough. POPIA also requires policies, procedures, access controls, and human behaviour management.
5. Weak access control and data minimisation
Employees often have access to personal information they do not need, increasing the risk of internal breaches and unauthorised disclosure.
6. No clear process for data subject requests
Businesses struggle to respond within reasonable timeframes because there is no documented procedure for handling requests.
7. Not reporting data breaches to the Information Regulator
Many organisations do not fully understand what constitutes a data breach under POPIA or how to report it. As a result, breaches are often ignored or being overlooked entirely.
8. Failure to review and update data processing agreements with Operators
While operators are identified, many businesses fail to put proper data processing agreements in place or to review them regularly.
9. Treating POPIA as a once-off exercise
Compliance is viewed as a project with an end date, rather than an ongoing process requiring regular review, updates, and monitoring.
POPIA compliance is about awareness, accountability, and continuous improvement. Identifying and fixing these common gaps is often the first step towards meaningful compliance.
Top Labour Law Trends of 2025 That Will Drive Compliance in 2026
As South African workplaces evolve, staying ahead of labour law updates is more important than ever. The landmark CCMA and Labour Court cases of 2025 have reshaped employer obligations, affecting areas such as sick leave, harassment, remote work and employee misconduct. Understanding these trends is crucial for employers who want to maintain compliance, protect their business reputation, and avoid costly legal disputes. This blog outlines the most important developments and...
The Hard Truth About High Staff Turnover in South Africa
If your business is struggling to keep good employees, you’re not alone. Many South African employers face the challenge of high staff turnover, which affects productivity, morale and profitability. But understanding how to reduce staff turnover in South Africa starts with recognising what it’s really costing your business (and what you can do to change it). The Hidden Costs of High Staff Turnover Each resignation goes far beyond a simple goodbye. When an employee leaves, your...
Redundancy vs Retrenchment in South Africa: SEESA Labour Lawyers Explain the Legal Difference
When businesses restructure, it’s common for employers to confuse redundancy and retrenchment. While the terms sound similar, they carry distinct legal meanings under South African labour law and understanding the difference is critical to avoiding costly mistakes. A recent Labour Court case, De Weijer v Babcock Africa Services (Pty) Ltd (JS195/21) [2025] ZALCJHB 193 (19 May 2025), provides clear guidance on when a position can be considered redundant and what constitutes a fair Section 189...
Information Regulator gives update on POPIA & PAIA matters
The Information Regulator held a media briefing on 13 November 2025 to outline the latest developments in POPIA and PAIA enforcement, ongoing litigation, regulatory priorities. The briefing, led by Chairperson Adv Pansy Tlakula, came at a fitting moment as South Africa marks 25 years of PAIA - a reminder of the country’s long-standing commitment to transparency and accountability. 1. Major Litigation Matters DBE Matric Results Case The Regulator previously instructed the Department of Basic...
When Financial Strain Leads to Retrenchment: How Employers Can Stay Compliant Under South African Labour Law
Running a business during difficult economic times often means making hard decisions. This includes the possibility of retrenching staff to remain sustainable, but financial strain alone does not justify retrenchment without due process. According to the Labour Relations Act (LRA), employers are legally required to follow fair procedures when reducing their workforce. Failing to do so can result in unfair dismissal claims, reputational damage, and costly legal disputes. That’s...
Pay Discrepancies at Work: How South African Employers Should Respond
Two employees doing the same job discover they earn different salaries. One lodges a grievance, claiming unfair discrimination. It’s a scenario that many South African employers may face and how you respond can determine whether it ends as an internal discussion or escalates to the CCMA or Labour Court.Understanding how to handle pay discrepancies in South Africa is essential to protecting your organisation from both reputational and legal risk. What Causes Pay Discrepancies? Not all...