Important Notice: 2024/2025 PAIA Annual Report Submissions Open Soon
The Information Regulator ("Regulator") announced the dates for the submission of the 2024/2025 Financial Year Annual PAIA Reports for public and private bodies. These reports, mandated by the Promotion of Access to Information Act 2 of 2000 (PAIA), are essential for ensuring transparency and accountability in the processing of access to information requests. What is the Report About? These annual reports detail the requests for access to records received and processed by your respective...
When Personal Matters Become a Business Liability
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...
How to Manage Family Responsibility Leave Correctly in 2025 as a Business Owner
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...
SA Constitutional Court Raises the Stakes on Retirement Dismissals
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....
Data Privacy Day – Is your business POPIA compliant?
As we celebrate Data Privacy Day, it’s the perfect opportunity to reflect on your business's POPIA compliance. Staying compliant is an ongoing process; regular reviews are essential to ensure your business remains compliant. While this isn’t a comprehensive checklist, here are some key steps to help assess your POPIA compliance: Appoint an Information Officer and Deputy Information Officer Every business must appoint an Information Officer and if necessary, a Deputy Information...
Medical Certificates: How to Spot a Fake and What to Do
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...
To Bump or Not to Bump: Employer Obligations Explained
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,...
Understanding Union Rights in Your Business
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...
How Section 22 of the CPA can benefit your business
The Consumer Protection Act (CPA) is designed to promote fair business practices, and one of its key provisions, Section 22, requires that all consumer agreements and documents be written in plain and understandable language. This section ensures that consumers can easily comprehend the terms and conditions of contracts, enabling them to make informed decisions and exercise their rights effectively. Plain language, as defined by the Act, means that the content should be easy to understand...
When May You Legally Use Biometric Info Under POPIA?
Running a business often requires managing clients, suppliers, and employees. Technology can streamline these processes. Many businesses use biometric technologies, such as facial recognition or fingerprint scanners, for time management and employee monitoring. However, under the Protection of Personal Information Act (POPIA), the use of biometrics comes with strict conditions. What Are Biometrics Under POPIA? POPIA defines biometrics as technique of personal identification based on physical,...