Labour Law

As organisations face increasing pressure to handle disciplinary and employee-relations cases efficiently, labour law specialists warn that technology, while essential, cannot replace human judgement, empathy, and procedural fairness.

The new Employment Services Amendment Bill proposes foreign worker quotas for employers, and will also include tougher penalties for employers who transgress. 

Employers who do not manage disciplinary hearings in accordance with the latest legislation could be forced to reinstate or compensate dismissed employees, even those accused of criminal acts.

In Masimla v Pioneer Fishing (Pty) Ltd and Others, the Labour Court was required to determine a referral related to an unfair discrimination claim under the Employment Equity Act. 

The Minister of Employment and Labour has published a new determination increasing the earnings threshold prescribed under the Basic Conditions of Employment Act, 1997 (BCEA).

In Industrial Development Corporation of South Africa v Modika & Others, the Labour Appeal Court (LAC) overturned an order of the Labour Court that had paused the IDC’s internal disciplinary process. Keshni Naicker and Sanele Vilakazi explain the details of the case.

Draft amendments to labour laws propose a range of changes, including changes to unfair dismissal rules, capped compensation for high earners, and other changes.  

South Africa’s National Minimum Wage (NMW) has risen from R28.79 to R30.23 for each ordinary hour worked, with effect from 1 March 2026, helping stretched workers bring home a little more bacon.

The Minister of Employment and Labour has published a number of draft labour law amendments, including the much-anticipated amendments to the parental leave rules. 

The Department of Employment and Labour has announced a series of important measures aimed at strengthening worker protection and closing long-standing compliance gaps at businesses in SA. 

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

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.