Labour Law

Independent contracting is moving out of the informal sector of the labour market and is becoming more structured and strategic. 

A recent Constitutional Court ruling has redefined the way employers must approach parental benefits by granting all parents equal rights to paid leave around childbirth. 

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 ruling from the Labour Court has confirmed that there is a time limit to raising cases when you think there is an unfair labour practice. Bradley Workman-Davies explores the impact of this ruling. 

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 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.

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

After spending four years in college, students graduate with their degree and hope to land a coveted position as a lawyer within a firm. But what happens when your dream career doesn't work out? 

On 17 February 2025, the Department of Employment and Labour (DoEL), held a virtual meeting where various stakeholders and industry players met to discuss and engage on, inter alia, the employment equity sector targets for the Professional, Scientific and Technical Sector. 

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.

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.

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. 

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.

In the case of Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd, Labour Appeal Court (LAC) had to determine whether the Constitutional Court's decision in Minister of Justice and Constitutional Development and Others v Prince (Prince), in which the Court decided that the criminal prohibition of the cultivation, possession and use of Cannabis in one's own home is a violation of the right to privacy, would have any effect on workplace discipline following a positive cannabis test. 

There are several unfair methods that might be used at disciplinary hearings, appeal hearings and arbitration hearings. These unsavoury tactics include the falsification of documents, the influencing of witnesses, illegal entrapment, coercing employees to make admissions or confessions and tampering with audio and video tapes. 

South African law does not allow employers to sue employees at the CCMA or Labour courts. In fact, it is clear that labour legislation and its enforcement structures are there to protect employees, often at the cost of employers.