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...

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...

Protect Your Business from Data Breaches: Lessons from the MTN Cybersecurity Incident On 25 April 2025, South African telecoms giant MTN Group confirmed a cybersecurity breach that resulted in unauthorised access to customer data across several of its operating markets. While no financial platforms or core systems were compromised, the incident highlights the growing cybersecurity risks businesses face in an increasingly digital economy. MTN’s swift response involving law enforcement,...

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...