In a landmark judgment delivered on 3 October 2025, the Constitutional Court in Van Wyk and Others v Minister of Employment and Labour and Others fundamentally redefined parental leave in South Africa. The Court held that existing provisions of the Basic Conditions of Employment Act (BCEA) and Unemployment Insurance Act (UIA) unfairly discriminated against fathers [...]
A mutual separation agreement allows an employer and employee to end the employment relationship by mutual consent rather than through dismissal or resignation. These agreements are often used where the employment relationship has irretrievably broken down, and both parties wish to separate on agreed terms. While they can provide an efficient and amicable resolution, mutual [...]
Medical certificates remain a critical safeguard for employees on sick leave, but they are also frequently abused. While employers are entitled to investigate suspected misuse, recent Labour Appeal Court jurisprudence makes it clear that suspicion alone is insufficient to justify disciplinary action or dismissal. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
Some children learn the alphabet from a classroom wall. Afrika Somthi learnt it as a life strategy. If Plan A does not work, her mother taught her, there are still 25 other letters waiting their turn. Keep moving forward. It is funny, memorable, and very Afrika, because behind the line is a whole philosophy of [...]
Personality clashes and strained working relationships are as old as the workplace itself. While employers are often expected to “fix” these situations, incompatibility is not automatically misconduct and must be approached carefully to avoid unfair dismissal findings. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
South Africa's labour market remains under significant strain, with unemployment levels among the highest globally and economic growth remaining sluggish. In this environment, employment practices have increasingly come under public scrutiny, particularly regarding the employment of foreign nationals. While employing foreign nationals remains lawful, employers must comply with strict immigration and labour legislation. As public [...]
Resignations usually raise concerns when notice is too short or given with “immediate effect”. Less commonly considered is the opposite scenario: when an employee tenders more notice than required. While it may appear generous, excessive notice can create legal and operational complications for employers. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
Collective agreements concluded within bargaining councils establish industry-wide standards relating to wages, benefits, working hours, leave provisions, and other terms and conditions of employment. While these agreements are designed to promote fairness and consistency across an industry, there are circumstances where compliance may place significant financial or operational pressure on a business. A bargaining council [...]
What if your employment equity reports are incomplete? What if your organisation already employs persons with disabilities, yet your workforce analysis suggests otherwise? For many employers, disability remains associated with visible and physical impairments. However, South African labour law recognises that disability extends beyond what can be seen. Mental health conditions such as depression, anxiety [...]
The concept of a “broken trust relationship” is frequently invoked in misconduct dismissals. However, it is also one of the most misunderstood and misapplied principles in labour law. While trust may be relevant to sanction, it is neither automatic nor decisive. This infographic clarifies when trust matters, when it does not, and the common legal [...]