What Did the Doctor Say? Understanding Employee Sick Leave & Medical Privacy in South Africa
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...
What You Should And Shouldn’t Present To The Department Of Labour When An Inspector Arrives
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...
Be Wary of the Hype! The New Draft Dismissal Code
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
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,...
Employing Clock Watchers? Here’s What You Need to Know
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!
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...
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....