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...

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...

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...

Employment Equity (EE) submissions are underway across South Africa — but here’s the real question: is your business truly compliant with the Employment Equity South Africa regulations, and can you prove it if the Department of Employment and Labour comes knocking? The world of work is constantly evolving, from changing labour laws to shifting workplace demographics. Staying compliant with the Employment Equity Act (EEA) is not just a box-ticking exercise; it’s a critical part of...

What happens at a concert doesn’t always stay at a concert. The recent Coldplay controversy — where a CEO and senior HR executive were filmed in an extra-marital moment on the “kiss-cam” — shows why off-duty conduct matters for employers in South Africa. Even when behaviour occurs outside the workplace, it can damage a company’s reputation and force employers to act. For South African employers, this raises a critical question: When does off-duty conduct justify disciplinary action? When...

In a recent Labour Court case, a company’s attempt to deal with poor safety performance backfired, despite eventually showing improvements after the employee’s dismissal.This case offers a critical reminder to employers: performance management isn’t optional, it’s essential and must be documented. The Incident: Safety at Stake A SHE (Safety, Health & Environment) Manager was dismissed after multiple lost-time injuries occurred at the company. Management believed she had failed in her...

Recent Labour Court decisions signal a clear warning to employers and HR teams: dishonesty over sick leave isn’t just unethical it can justify dismissal. Trust sits at the heart of the employment relationship, and courts are showing zero tolerance for those who abuse sick leave. The Case in Focus A SARS junior investigator (Mr Mathebula) reported sick for early September 2020. The employer accepted his sick leave but noticed something odd. He was later seen at a political protest on...

At SEESA, we guide employers through the minefield of South African labour law. Here are the crucial takeaways from the last couple of months (2025) - essential knowledge for any HR or leadership team.  1. Unfair Discrimination: 'Newness' ≠ Protected Ground   Case: AMCU obo Members v Aberdare Cables  A retrenchment deal froze new hires on a minimum wage while existing staff kept higher pay. A union argued this was unfair discrimination under “arbitrary grounds.”  The...

The landmark case of Solidarity and Others v Department of Correctional Services (2015) remains one of the most important rulings on how far Employment Equity can legally go in South Africa. For employers, it highlights the delicate balance between transformation goals and fair recruitment practices. In this case, the Department of Correctional Services had implemented a formal Employment Equity Plan, prioritising appointments based on race and gender to meet its transformation targets....

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...