Tag: Cliffe Dekker Hofmeyr

Over-indebtedness is becoming a pervasive issue in South Africa. It carries profound legal, psychological and social consequences. Beyond its clear economic impact, excessive debt has been linked to deteriorating mental health, impaired decision-making, and reduced functional capacity. These effects raise a critical question for employment law: to what extent can over-indebtedness constitute incapacity or serve as a mitigating factor in cases of employee misconduct?

It goes without saying, but South Africa faces a significant and concerning unemployment rate. The 2025 State of the Nation Address reiterated South Africa’s persistent employment challenges. In particular, the Quarterly Labour Force Survey reported an unemployment rate of 31.9% in Q4 of 2024.

The Department of Employment and Labour (DEL) has recently stepped up its inspection raids. These actions have attracted significant media attention. Most notably, these inspections have been prominent in the hospitality industry. As a result of these inspections, approximately 80 people working in restaurants across the country have been arrested.

On 28 June 2023, the High Court handed down a landmark judgment where the decision by the Minister of the Department of Home Affairs (DHA) not to extend the longstanding Zimbabwean Exemption Permit (ZEP) after 31 December 2021 was found to be invalid, unlawful, and unconstitutional.

On 29 November 2021, a directive was issued by the Director-General of the Department of Home Affairs (DHA) confirming cabinet's decision that, no further extensions would be granted to Zimbabwean nationals, who were holders of a Zimbabwean Exemption Permit (ZEP).

Discrimination based on one’s appearance is an ever-changing area of law that impacts employees and potential candidates worldwide. Subconscious appearance preferences that are founded on societal norms lead to employees and potential candidates being the subject of discrimination when they fail to meet certain, unilaterally imposed standards.

On 1 January 2019, section 73A of the Basic Conditions of Employment Act 75 of 1997 (BCEA) came into effect. This relatively new provision permits employees earning below the prescribed threshold to claim monies owing to them in terms of the National Minimum Wage Act, the BCEA, a collective agreement, a sectoral determination or a contract of employment at the Commission for Conciliation, Mediation and Arbitration (CCMA).

COVID-19 highlighted the necessity of having a viable telemedicine regime as a ‘safety net’ to ensure continued access to healthcare services whilst maximising social distancing. We now have an opportunity to better understand the challenges and exploit the benefits of telemedicine services.

Aadil Patel | National Practice Head & Director | Employment Practice | Cliffe Dekker Hofmeyr | mail me | While there have been important strides...

In the recent case of NUMSA obo Nomanyane and another v Grupo Antolin (Pty) Ltd MICT28342, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.