Most employers encounter labour law at the point where it reaches the workplace. A new provision is published. A collective agreement changes. A statutory amendment comes into effect. A new policy affects employment practices. Suddenly, employers are expected to understand the change, implement it correctly and ensure that their businesses remain compliant. But there is […]
The Legal Framework The phrase “equal pay for equal value” has echoed across South Africa for many years. From industrial action and workplace debates to boardroom discussions, employees naturally compare their remuneration with that of their colleagues. Where significant differences emerge, questions may arise as to whether those differences are justified or whether they amount […]
Who Speaks for Business? Understanding NEDLAC and Where Employers Fit In
Most employers encounter labour law at the point where it reaches the workplace. A new provision is published. A collective agreement changes. A statutory amendment comes into effect. A new policy affects employment practices. Suddenly, [...]
Equal Pay for Equal Value: When Does a Pay Difference Become Unfair Discrimination?
The Legal Framework The phrase “equal pay for equal value” has echoed across South Africa for many years. From industrial action and workplace debates to boardroom discussions, employees naturally compare their remuneration with that of [...]
A Lesson from the Bench on Employers’ Understanding of Deductions
Disputes concerning deductions from employee remuneration are relatively common in the workplace. Employers may, for example, suffer financial losses due to employee negligence, unauthorised absences, overpayments, damage to company property, or other forms of misconduct. [...]
The Year-End Labour Law Check-Up: 7 Things Employers Should Do Before the Year Closes
As another year draws to a close, employers are often focused on meeting financial targets, achieving operational objectives, and preparing their businesses for the opportunities and challenges that lie ahead. While these priorities are undoubtedly [...]
The Pendulum Has Swung: Why the Future of Work Was Never About Location
The world of work did not simply change in 2020; it accelerated. Almost overnight, organisations across the globe entered one of the largest workplace experiments in modern history. Offices emptied, dining room tables became workstations, [...]
When the Bargaining Council Comes Knocking: How Employers Should Respond to a Compliance Order
Compliance and enforcement remain among the most common challenges experienced by employers operating within bargaining council environments. For many businesses, receiving a compliance order immediately creates anxiety, particularly where there are concerns about penalties, backpay, [...]
Constructive Dismissal: When an Employee’s Resignation Becomes the Employer’s Liability
Constructive dismissal is often misunderstood by both employers and employees. Unlike a conventional dismissal, the employer does not expressly terminate the employment relationship. Instead, the employee resigns, alleging that the employer's conduct, or failure to [...]
Incapacity Dismissals: Why Dismissal Must Always Be the Last Resort
Dismissals based on ill-health or incapacity present some of the most sensitive challenges in employment law. Unlike misconduct dismissals, incapacity cases are not concerned with employee fault, but rather with whether the employee remains capable [...]
Winning Isn’t Always Being Right
One of the hardest lessons employers learn about labour disputes is that being right does not always mean winning. Many employers arrive at arbitration convinced that justice will prevail because misconduct clearly occurred, the employee [...]
Constructive Dismissal Revisited
Constructive dismissal remains one of the most difficult dismissal disputes for employees to prove successfully. This position was recently reaffirmed by the Constitutional Court in Maleka v Boyce N.O. and Others (CCT 175/23) [2026] ZACC [...]
Mutual Separation Agreements: Ending Employment by Consent
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 [...]
Employing Foreign Nationals in South Africa
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 [...]
Seeking Relief: Understanding Bargaining Council Exemptions
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 [...]
The Disability Employers Often Overlook
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, [...]
We’re Not a Family. We’re a Team (And That’s a Good Thing)
What Netflix’s Culture Teaches Us About Performance, Trust, and the Price of Excellence Every company loves to say, “We’re like a family.” It sounds warm, human, and safe. But let’s be honest, families don’t cut [...]
Does Calling Someone a Racist Amount to Racist Conduct
This article examines whether an employer may dismiss an employee merely for referring to another person as a racist. It further analyses the key lessons arising from Commercial Stevedoring Agricultural Allied Workers Union obo Qomoyi [...]
Petty Misconduct, Serious Consequences
A key issue in misconduct matters is distinguishing between mere wrongdoing and conduct that warrants dismissal. This distinction becomes especially important in cases involving petty misconduct, where the real question is not whether misconduct occurred, [...]
Ergonomics Beyond the Office
Labour-law frameworks were historically developed around conventional office-based employment structures. However, workplace arrangements have increasingly shifted toward hybrid and remote models, accelerated by the COVID-19 pandemic and reinforced by rising fuel and commuting costs. As [...]