New Dismissal Code 2025: Why Every South African Employer Needs to Update Their Disciplinary Procedures Now
Published by Laboured SA | October 2025 Something major happened on 4 September 2025 that most business owners haven’t even noticed yet. The Minister of Employment and Labour quietly replaced the old dismissal guidelines that have been in place since 1996 with a completely new Code of Good Practice on Dismissal. This isn’t some minor […] CLICK HERE TO READ THIS ARTICLE...
Warning: Your School Could Be Next – The Shocking Truth About Teacher Screening in South Africa
Teacher Screening South Africa: Criminal Record Checks for Schools – Essential Guide 2025 Northern Cape Teacher Dismissed for Inappropriate Relationship with 15-Year-Old Student – ELRC Ruling Criminal record checks for teachers South Africa have never been more critical. On Monday, July 1st, 2025, a Northern Cape teacher who was dismissed for having an inappropriate sexual […] CLICK HERE TO READ THIS ARTICLE...
From Summary Dismissal to Full Reinstatement—What Went Wrong in Mofokeng v Botha?
Burden of Proof Backfires: The Labour Court’s Stark Reminder in Mofokeng that Employers Cannot Shift the Onus—And Why Your Disciplinary Playbook Needs an Urgent Audit 1 | What Actually Happened? Mr Rantabi Jan Mofokeng, a heavy-duty driver employed by Generator & Plant Hire SA (Pty) Ltd, was summarily dismissed on 27 July 2020 after the […] CLICK HERE TO READ THIS ARTICLE...
Health and Safety Compliance Requirements in South African Workplaces: A Legal Guide for Employer
Published by Laboured SA Contact: info@laboured.org.za | 082 330 3939 | www.laboured.org.za Workplace health and safety compliance is not optional in South Africa—it’s a legal requirement that can cost your business hundreds of thousands of Rands and result in imprisonment if ignored. With recent nationwide enforcement initiatives seeing over 535 inspections in KwaZulu-Natal alone and […] CLICK HERE TO READ THIS ARTICLE...
WhatsApp in the Workplace: Legal Risks and Employer Guidelines in South Africa
The Double-Edged Sword of WhatsApp in South African Workplaces WhatsApp is now the go-to channel for many South African teams, but its informality masks real legal danger. CCMA awards over the past decade confirm that a single tap can cost an employee their job – and expose the employer to liability – if workplace rules […] CLICK HERE TO READ THIS ARTICLE...
Brace Yourself for the 2025 Minimum Wage Hike: Here’s What Every Employer Must Know
South Africa’s National Minimum Wage is set for a notable increase starting 1 March 2025, and if you’re an employer—especially running a small or medium enterprise—this shift could significantly impact your budgets, payroll, and operational structure. Knowing how the changes affect your business is essential for maintaining compliance, avoiding potential fines, and sustaining positive relationships […] CLICK HERE TO READ THIS ARTICLE...
The Perils of Non-Payment: Why Failing to Pay Employee Salaries Can Lead to Constructive Dismissal Claims
1. Why prompt, full payment is a legal duty Section 32 of the Basic Conditions of Employment Act 75 of 1997 obliges every employer to pay remuneration in full and on the agreed date. Persistent failure to do so is not a mere breach of contract – it strikes at the heart of the employment […] CLICK HERE TO READ THIS ARTICLE...
Employee Misconduct at Year-End Functions: A South African Employer’s Guide
Year-End Functions: Keeping the Party Legal South African employers love a good year-end bash—but the courts have made it clear that the festive cheer ends the moment conduct threatens the employment relationship. Below is a refreshed article that replaces the fictional authorities with reported decisions and folds in the legal pointers you asked for. 1 […] CLICK HERE TO READ THIS ARTICLE...
Understanding Incapacity Enquiries: A Guide for South African Employers
As a South African employer, navigating the complexities of employee incapacity can be challenging. Understanding how to conduct proper incapacity enquiries is crucial for maintaining fair labour practices and protecting both your business and your employees’ rights. This comprehensive guide explores the essential aspects of incapacity enquiries and their implementation in the South African workplace. […] CLICK HERE TO READ THIS ARTICLE...
How to Present Your Case at the CCMA: A Complete Guide for 2024
The prospect of appearing before the Commission for Conciliation, Mediation, and Arbitration (CCMA) can be intimidating, whether you’re an employee fighting for your rights or an employer defending your position. This comprehensive guide will walk you through the entire process, helping you present your case with confidence and clarity. Understanding the CCMA’s Role The CCMA […] CLICK HERE TO READ THIS ARTICLE...
Fixed-Term Employment Contracts: Critical Case Law Developments and Section 198B LRA Compliance
Recent Labour Court judgments are tightening the screws on employers who rely on long-running fixed-term contracts under s 198B of the Labour Relations Act, 66 of 1995 (“the LRA”). Two decisions handed down in 2024 – 2025 are particularly important: 1 NEHAWU obo Members v Bracks N.O. & Others (JR 1452/21, 23 January 2025) Community […] CLICK HERE TO READ THIS ARTICLE...
The Importance of Employment Policies in the Workplace in South Africa
In the dynamic and diverse landscape of South African workplaces, having well-defined employment policies is crucial for both employers and employees. These policies not only ensure compliance with labour laws but also foster a fair, safe, and productive work environment. Let’s explore the significance of various employment policies and what South African labour law and […] CLICK HERE TO READ THIS ARTICLE...
Quiet Quitting: Understanding the Trend and Its Impact in South Africa
What is Quiet Quitting? Quiet quitting is a term that gained popularity in 2022, describing a phenomenon where employees limit their efforts at work to the bare minimum required by their job description. Despite the name, it doesn’t involve actually quitting a job. Instead, employees who “quiet quit” reject the idea of going above and […] CLICK HERE TO READ THIS ARTICLE...
Automatic Unfair Dismissal and Jurisdiction Challenges in Mental Health Cases
Introduction Automatic unfair dismissal refers to situations where an employer terminates an employee’s contract for reasons explicitly prohibited by the Labour Relations Act 66 of 1995 (LRA). These reasons are outlined in Section 187(1) of the LRA, with one such prohibited reason being unfair discrimination on arbitrary grounds, including mental health conditions. Section 187 of […] CLICK HERE TO READ THIS ARTICLE...
You may just need to retrench employees to save the jobs of your other employees.
In times like these an employer, small business owner, may feel that every price is going up, and sales are going down and the thought of business closure is always looming… How can restructuring or Retrenchments help? In the face of escalating costs and economic uncertainty, South African small to medium enterprises (SMEs) are finding […] CLICK HERE TO READ THIS ARTICLE...
THE BCEA EARNINGS THRESHOLD HAS INCREASED
EARNING THRESHOLD TO INCREASE ON 1 APRIL 2024 On 05 March 2024, a new earning threshold was published by the Minister of Employment and Labour which will see the earning threshold contemplated in the Basic Conditions of Employment Act increase from R241 110.59 to R254 371.67, with effect from 01 April 2024. For the purposes […] CLICK HERE TO READ THIS ARTICLE...
The National Minimum Wage Increase of 1 March 2024: Navigating Challenges as an Employer
Effective from 1st March 2024, the NMW is set to rise from R25.44 to R27.58 per hour. This legislative increase has significant implications for businesses, and understanding its impact is crucial. CLICK HERE TO READ THIS ARTICLE...
A QUICK GUIDE AND KEY POINTERS WHEN: Conducting Disciplinary Enquiries and Formulating Charges
Practical Advice: Drafting Charges Embrace Detail, Striking a Balance Emphasize thoroughness without excessive detail. Employ the code as a guideline. Common law serves as a fallback when the code is incomplete. Refrain from duplicating or splitting charges. Multiple charges can apply for a single incident, avoiding duplicate charges. Alternative charges are a viable option. […] CLICK HERE TO READ THIS ARTICLE...
How to Guide for Employers: Dealing with Employee Strikes and Protest Action
Understand Employee Rights: According to the Constitution of the Republic of South Africa, employees have the right to strike. Section 23(2) of the Constitution states that workers have the right to form and join a trade union, participate in union activities, and engage in a strike. Differentiate Between Protected and Unprotected Strikes: The Labour Relations […] CLICK HERE TO READ THIS ARTICLE...
Step-by-Step Guide for Employers: How to Prepare for a Conciliation Hearing at the CCMA
If you are new to the CCMA (Commission for Conciliation, Mediation, and Arbitration), we are here to help you understand the procedures for small businesses. This step-by-step guide will walk you through what to expect from the CCMA, who and what to take with you, and how to approach the Conciliation and Arbitration meeting. Step […]
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