Labour Law

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. 

In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), the National Bargaining Council for the Chemical Industry (NBCCI) considered an unfair dismissal dispute concerning an employee who was dismissed for misconduct after testing positive for the presence of cannabis in his system.

The President of the Republic of South Africa has recently proclaimed that the Employment Equity Amendment Act No.4 of 2022 (EEAA) shall come into operation on 1 January 2025.

Labour legislation in South Africa is heavily weighted in favour employees. The heavy protection of employees against being dismissed make it very difficult for employers to run efficient workplaces.

At first glance, fixed-term employment contracts may appear to offer a convenient solution for managing workforce needs and circumventing the complexities associated with permanent employment. However, a closer examination reveals that fixed-term employment contracts are far from the straightforward answer they seem to be.

In the South African context unfair discrimination could include, but is not limited to, discrimination on arbitrary or subjective grounds such as race, gender, family responsibility, religion, age, disability, opinion, and trade union affiliation.

Employee absenteeism is one of the biggest financial threats faced by employers. This is firstly because, where employees are absent, the work can either not get done or must be done by other employees who all have their own jobs to do.