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...

Family emergencies are inevitable—but as a business owner, are you handling Family Responsibility Leave correctly? Mismanaging leave requests can lead to compliance risks, workplace disputes, and even legal penalties. Section 27 of the Basic Conditions of Employment Act (BCEA) Talk to an Expert Here’s what you need to know in 2025 to protect your business and ensure compliance with South African labour laws. Who Qualifies for Family Responsibility Leave? Employees are entitled to three days of...

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....

Employees taking sick leave without valid proof of illness or submitting fake documents has become increasingly common. Section 23 of the Basic Conditions of Employment Act 1997 states that an employee absent for more than two days due to illness must provide a medical certificate from a registered medical practitioner. What is a Medical Certificate? A registered medical practitioner issues a medical certificate (sick note). It confirms the employee has seen a certified professional trained to...

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,...

All employees have the right to freedom of association and freedom of disassociation, as outlined in Point 18 of the Bill of Rights of South Africa. This means employees can choose to join a registered trade union if they wish. Rights of Trade Unions in the Workplace The rights a union has in your workplace depend on the percentage of employees who are union members. This is calculated as follows: (Number of Union Members ÷ Total Workforce) × 100 = Percentage of Union Membership...

As a business owner or employer in South Africa, making sure you comply with the Employment Equity (EE) Act isn’t just about following the law—it’s about building a diverse and inclusive workplace. Recently, Labour Minister Nomakhosazana Meth highlighted the need for faster employment equity policies and announced plans to hire 20,000 labour inspectors to check if businesses are meeting these requirements. This means it’s time to evaluate your company’s current EE practices. Why Is EE...