Stock shrinkage is a major contributing factor to loss of business and business revenue in the workplace.  How can we curb this? And what is Stock Shrinkage? Definition Stock Shrinkage is the difference between the stock recorded and the actual stock on the shop floor or available to the public.   This can occur in a number of ways, shoplifting, administrative error, damage and inhouse theft. How does this effect the Company? The reason why it will affect a company is that if a...

What is a Job description?  It is a formal account of the Employee’s responsibilities. Can you change the Job Description of an Employee? A job description forms part of an employee’s contract. Therefore, one cannot unilaterally change anything in a contract of an Employee. What is a Unilateral Change? This is when, in the context of labour law, the Employer changes any contract or policy within the Company, that an Employee has signed, without any consent or discussion of the change with...

When an employee hands in a sick note, how much can an employer really ask about their medical condition? South African law protects workers' privacy—but where do the boundaries lie? Let’s break down the rules under the Basic Conditions of Employment Act (BCEA) and when an employer can—and can’t—ask for details Employee sick leave is granted as per s22 of the Basic Conditions of Employment Act 1997 (BCEA) and furnishing proof of said sick leave is dictated by s23 of the BCEA.  Each...

Labour inspectors from the Department of Employment and Labour (DoEL) conduct workplace inspections periodically to assess compliance with labour legislation. These inspectors are appointed in terms of Section 63(1) of the Basic Conditions of Employment Act (BCEA) and are authorised to monitor and enforce the following legislation: Basic Conditions of Employment Act, 75 of 1997 National Minimum Wage Act (NMWA), 9 of 2018 Compensation for Occupational Injuries and Diseases Act (COIDA), 130 of...

The new Draft Code of Good Practice on Dismissal was published on 21 January 2025. The media have quickly reacted with several articles featuring eye-catching headlines: “Groundbreaking Draft Dismissal Code to Transform South Africa's Workplace Culture” “Major Overhaul of Dismissal Code Set to Streamline Employment Procedures and Reduce Legal Risk for Businesses” Risk-averse employers, especially small business owners, should be wary of the hype surrounding the draft Code. Reaffirming...

In every workplace, productivity, engagement, and commitment are crucial for maintaining a high-performing team. However, most business owners and managers will, at some point, encounter employees who seem more focused on watching the clock than contributing meaningfully to the team’s success. These so-called “clock watchers” are individuals who mentally check out long before their official shift ends — often winding down early, disengaging from tasks, and in some cases, physically preparing...

New Employment Equity Regulations Officially Introduced  On 15 April 2025, the Minister of Employment and Labour officially revoked the 2014 Employment Equity Regulations and, in line with Section 55(1) of the Employment Equity Act, 1998, promulgated the new Employment Equity Regulations, 2025.  Under Sections 15A (1) and (2) of the Act, the Minister issued a notice defining national economic sectors and setting corresponding sector-specific numerical targets, which came into effect...

In a recent Labour Court judgment, the case of Legend Logistics v SATAWU obo T.M and Others (JR831/24) [2025] ZALCJHB 85 sheds light on a critical legal principle: when does an employee’s personal matter become the employer’s concern? The ruling serves as a reminder that disciplinary action must be based on workplace conduct—not personal disputes. Talk to an expert Case Overview: A Workplace Dilemma Ms. M, a Debtors Clerk at Legend Logistics, was dismissed for “deliberately giving untrue or...

A landmark ruling now makes age-based dismissals riskier, exposing businesses to lawsuits, payouts of up to 24 months' salary, and reputational damage. The Cases That Opened the Floodgates  Landman v. Great South Autobody CC: While the court upheld Willem Landman’s dismissal after surpassing retirement age, it signalled a shift in legal precedent. Solidarity v. SITA: Employees who worked beyond retirement age won two years’ salary in compensation, setting a costly precedent for employers....

What is the principle of bumping, and are employers required to implement it when applying the "Last In, First Out" (LIFO) principle?  This question was addressed in Fischer Tube Technik SA v Bayene and [2024] 9 BLLR 917 (LAC).  What Happened in the Case?  Two employees were retrenched because their positions became redundant. During the retrenchment consultation, the employer discussed the principle of vertical bumping and offered the employees lower-level positions. However,...