Tag: HRCompliance

In an article we wrote in July 2025, we highlighted key issues relating to the Employment Equity Amendment Bill. People commonly refer to this legislation as the Fair Pay Bill, which Build One South Africa (BOSA) proposed. On 30 April 2026, a Notice confirmed BOSA’s intention to introduce an updated version of the Bill in the National Assembly.

Whether you are a business owner or responsible for Human Resources (HR), the issue of cannabis use among employees will likely arise at some point. According to research released by the United Nations in 2020, about 3% of the South African population reported Cannabis use. That equals roughly 2 million people.

Can employers pay bonuses to non-strikers during a protected strike? During a protected strike, tensions rise and both sides make difficult choices. This Alert explores the legal position by examining Solidarity obo C J Arendse and 38 Others vs Heineken Beverages (Pty) Ltd, a recent Labour Court judgment.

Since the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (Code) came into effect, harassment claims have increased. These include sexual harassment, racial discrimination and gender-based bullying. They also include harassment based on arbitrary or prohibited grounds.

One category of employees who are well protected under the Employment Equity Act (EEA) is those who are ill or injured. Employers cannot mistreat employees who are ill or injured. If they do, they risk serious consequences. This reality highlights the hidden cost of mistreating ill employees.

The Labour Appeal Court decision in Backsports (Pty) Ltd vs Motlhanke and another offers a useful reminder. Dismissal does not mark the end of an employer’s rights. This remains true where a restraint of trade was carefully agreed and clearly breached. For employers, the judgment reinforces several important lessons about enforcement, evidence and the limits of sympathy-based reasoning. In other words, it offers clarity in disputes that often resemble the fired and the furious, where emotions run high after termination.

The Basic Conditions of Employment Act (BCEA) entitles employees to certain minimum rights. These rights include remuneration for work done, leave and lunch breaks. Where the Department of Employment and Labour (DOEL) finds that an employer breaches an employee’s rights, it may issue a Compliance Order. The Labour Court can enforce this order. Non-payment of commission can also trigger regulatory and legal scrutiny.

The Compensation for Occupational Injuries and Diseases Act (COIDA) underwent significant amendments affecting employers and employees. On 23 January 2026, President Cyril Ramaphosa fixed commencement dates for most provisions. Selected sections were deferred to 1 February 2026 and 1 April 2026.

The Constitutional Court’s ruling on parental leave marks a significant and transformative step toward greater workplace equality. For the first time, all parents - regardless of their gender or how they became parents - now share equal entitlement to parental leave.