Tag: LabourLaw

When a senior advisor or executive walks out the door, especially to join a competitor, your restraint of trade clause is often the only thing standing between you and serious commercial damage. Here is what recent South African case law tells us about what works, what does not and what you need to do now.

The Compensation for Occupational Injuries and Diseases Act (COIDA) requires the state’s Compensation Commissioner to compensate employees for losses resulting from workplace injuries. This applies when an injury complies with the legal definition. Some employers also acquire workplace injury cover from private insurance companies. However, these companies sometimes reject claims and create unnecessary workplace slip-ups for employees seeking compensation.

Personal problems rarely stay at home. In modern workplaces, financial pressure, emotional stress, family responsibilities and health concerns often spill into performance, morale and team dynamics. As a result, employers must balance operational demands with empathy, fairness and legal compliance.

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.

The Labour Appeal Court (LAC) has handed down a significant decision addressing a question that many employers and legal practitioners regularly confront. Can a disciplinary chairperson reject a lenient sanction emerging from a plea-bargaining process? The LAC answered this question in South African Police Services vs Mkonto and Others. The judgment also highlights the limits of leniency within disciplinary proceedings.

People are the beating heart of every business. They bring perspective, ingenuity, skills and experience that help organisations excel and deliver results. However, employment relationships do not always work out. A person may not suit their role and responsibilities. They may also fail to align with the company culture or behave poorly in the workplace.

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.

In many organisations, operational breakdowns do not stem from incompetence. Instead, they stem from unclear responsibility. When problems arise in the workplace, the most common explanations are predictable: “I thought HR was dealing with that”, “Management should have handled it”, or “That’s not my function”.