South Africa has several labour laws in place to ensure fair workplace practices, and at the centre of it all is the Basic Conditions of Employment Act (BCEA). While the BCEA establishes the minimum conditions of employment, it works alongside other key laws that govern different aspects of employer-employee relationships.…

Managing employees is more than just making sure everyone shows up for work on time. Employers have a legal responsibility to comply with the Basic Conditions of Employment Act (BCEA) when it comes to overtime, leave, and salary deductions. However, these are some of the most common areas of dispute…

South Africa’s Basic Conditions of Employment Act (BCEA) is designed to protect both employers and employees by ensuring fair workplace practices. But even with clear guidelines, many businesses unintentionally make compliance mistakes that can lead to CCMA disputes, fines, or even lawsuits. If you’re running a business, avoiding these common…

Retirement is a significant milestone for both employees and employers. However, when it comes to terminating employment due to reaching retirement age, legal complexities arise. Employers must navigate South Africa’s labour laws carefully to avoid unfair dismissal claims. Understanding when a dismissal is lawful, how contracts influence the process, and…

The Commission for Conciliation, Mediation, and Arbitration (CCMA) plays a crucial role in resolving workplace disputes in South Africa. Whether you’re an employer or an employee, understanding the possible outcomes of a CCMA case can help you prepare for the process and ensure a fair resolution.  Understanding the CCMA Process…

Planning for retirement is essential, and South African law sets clear guidelines for employers who provide pension and retirement funds for their employees. While it is not always mandatory for businesses to offer these benefits, those that do must follow strict regulations under the Pension Funds Act (PFA) and the…

Retrenchment is one of the most challenging decisions an employer can face. While businesses may need to reduce their workforce due to financial pressures, restructuring, or operational changes, the process must be handled fairly and in line with South African labour laws. Failure to follow proper retrenchment procedures can lead…

Managing employee under performance is a delicate yet crucial aspect of business operations. While productivity is essential, fairness and legal compliance are equally important to prevent unfair dismissal claims. South Africa’s Labour Relations Act (LRA) and Basic Conditions of Employment Act (BCEA) outline a structured approach to handling under performance…

Completing your Workplace Skills Plan (WSP) and Annual Training Report (ATR) might seem like just another compliance requirement. However, these submissions offer meaningful benefits that go far beyond regulatory obligations. With the right approach, WSP/ATR submissions can help your business reclaim a portion of your Skills Development Levy (SDL), improve…

As 2025 approaches, businesses must prepare for anticipated changes to South Africa’s National Minimum Wage (NMW). The NMW is adjusted annually to account for inflation, cost of living, and economic conditions, ensuring workers are paid fairly. Employers should stay informed to ensure compliance and avoid penalties. Expected Minimum Wage Changes …

Recent developments highlight a growing issue for employers in South Africa’s logistics industry: Insurers have begun enforcing stricter policies, which require that all foreign drivers have valid work permits for any claims to be processed. The Risks of Non-Compliance  If a foreign driver is involved in an accident or any…

In today’s workplace, many employers adopt a strict approach towards the use of alcohol and other intoxicating substances by their employees. However, some policies extend to prohibit the mere presence of these substances in an employee’s system, even if consumed outside of work hours. But is this fair? A recent…

On the 21st of April 2023, the Commission for Conciliation, Mediation and Arbitration (CCMA) published amended Rules for the proceedings at the CCMA (“Rules”). The amendments to the Rules include several additions as well as alterations. The Rules came into effect on the 24th of April 2023. In addition to…

It has been four years since the Constitutional Court recognised that it was unconstitutional to fire an employee for off-duty cannabis use (beyond the confines of one’s home). Despite this long-awaited ruling, very few employers seem to be aware of what their obligations actually are when it comes to drug…

1. A decision taken by the employer An employee will not be on sick leave unless a medical certificate has been issued to the employee placing the employee in quarantine. An employer may issue an instruction that an employee be placed under quarantine if the employee recently travelled abroad or…

What is the purpose of this act of the Skills Development Levies Act (Act 9 of 1999)? The availability of skilled employees is a serious obstacle to the competitiveness of South African companies. The Legislature has created a way for companies to contribute towards the upliftment of every South African…

Skills Development in South Africa has become a strategic priority for businesses due to the scarcity of skills. Legislation has, through the development and implementation of the BEE Act, forced employers to ensure that they submit their WSP and ATR Reports annually if they wish to attain or retain an…

Skills development is one of the cornerstones of South Africa’s economic development. As any businessperson knows, businesses are far more productive and run more smoothly when all employees are properly trained to fulfill their roles. Proper training improves organisational morale, efficiency, and organisation. In addition to this, there’s a definite…

Broad-Based Black Economic Empowerment requires South African employers to ensure their employees receive skills training. This important element of BBBEE compliance is intended to remedy the South African workforce’s skills deficit and drive economic growth and social justice. For individual employers, skills development programmes are an excellent way to improve…

Constructive dismissal referrals could land you in hot water at the CCMA if you don’t have sufficient evidence to prove that you addressed internal problems fairly. Constructive dismissal is a term that can make employers nervous. Also referred to as forced resignation, it is action taken by an employee when…

South African labour law is fairly progressive compared to many other parts of the world, affording a good deal of protection to both employers and employees. At the center of labour, legislation is the Basic Conditions of Employment Act (BCEA), No. 75 of 1997, as amended by the Basic Conditions…