Labour Law

Andre van Heerden has a warning for employers: not every positive test warrants a dismissal, even where a zero tolerance policy is in place. 

With an increase in substance abuse cases in the workplace, how are employers meant to deal with it? Should it be classed as misconduct or incapacity? 

The Labour Appeal Court has made a definitive ruling that workers can either be employees or independent contractors - and if they choose one path they can't suddenly change their minds.  Bradley Workman-Davies explains the ruling for us. 

A recent Labour Court ruling has provided crucial clarity for employers, confirming that their right to discipline an employee for misconduct does not expire over time. 

The Labour Court has shown in a recent ruling that mental health is not always a justification for poor conduct  as it upholds a dismissal for poor performance despite employee’s mental health concerns. 

The South African Labour Court has once again sent a strong message to employers: misleading reasons for dismissal will not be tolerated, especially when used to cover up retaliation against employees who assert their legal rights.

A recent CCMA decision has reinforced the importance of timely and reasonable employer responses to sexual harassment complaints, with significant legal and reputational implications for South African organisations.

The Premier of KZN has led a targeted crackdown on labour law transgressions in the trucking sector. He is determined to ensure that labour laws are followed in the province. 

In the recent case of SMD Technologies (Pty) Ltd v Tavares and Another ([2024] ZALCJHB 546), the Labour Court reaffirmed the enforceability of restraint of trade agreements in South African employment law, emphasizing the necessity for such restraints to be reasonable and to protect legitimate business interests.

The recent Labour Court decision in Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (PR174/2023) provides a sobering reminder of the importance of calculating statutory timeframes with precision—particularly in the context of unfair labour practice disputes.

In 2025, South Africa stands at a pivotal juncture in its pursuit of gender equality. Recent amendments to the Employment Equity Act have introduced specific racial and gender-based targets across various industries, emphasising the need for equitable representation at all occupational levels.

The presiding officer (PO) of a disciplinary hearing is required to be neutral and objective and must take into account all relevant evidence from both sides before arriving at a verdict. Later in the process, if the verdict is guilty, the PO must decide on the corrective action most appropriate to the circumstances.

There is a fallacious belief that hiring staff on the basis of a fixed-term contract will make life easier for the employer. This is often not the case, especially when the employer wants to end the employment relationship before the contract’s expiry date. Companies may have various reasons for wanting to terminate such contracts prematurely. For example, during a retrenchment exercise, the employer may need to terminate all temporary contracts so that it may give preference to saving the jobs of the permanent employees.

Ever thought outsourcing was a simple solution? A way to streamline operations and cut costs? Think again. 

In the current context of economic turmoil where fear of retrenchments looms large, many employees feel compelled to be available and performing at all times – even when on leave – and this ongoing blurring of boundaries has led, globally, to the introduction of policies and even legislation to address employees’ rights to disconnect completely during their time off.

With effect from 1 March 2025, the national minimum wage will be adjusted to R28.79 for each ordinary hour worked. This marks an increase of 4.39% from R27.58 in 2024.  This adjusted national minimum wage applies equally to farm workers and domestic workers, who until 2022 had a differentiated national minimum wage.

The minimum wage is the lowest an employee is paid for an ordinary hour worked. Government has now announced that the National Minimum Wage will increase in March 2025. 

Section 186 of the Labour Relations Act, 66 of 19965 ("LRA") is a foundational section of South African labour legislation insofar as it sets out what it means for an employee to be dismissed, and when conduct on the part of an employer will constitute an unfair labour practice.

The Building Industry Bargaining Council says mutually beneficial negotiations will be crucial if the Western Cape building boom is to continue.

Welcome to our weekly edition of our series on educational Labour Relations Topics. We hope that you will enjoy the content and that it is informative. In this week’s edition of our series on Labour Relations Topics we delve into the legal requirements of an employment contract.