Tag: LabourLaw
The law is not the problem – the real issue is...
South African labour law is often accused of being “too employee-friendly”. Employers complain that the Commission for Conciliation, Mediation and Arbitration (CCMA) favours workers, that dismissal has become impossible, and that labour regulation is strangling business.
The fired and the furious – and still restrained
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.
Non-payment of commissions – guidance for employers
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.
COIDA amendments take effect – what employers need to know
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 boardroom alchemist – purpose, fear and the modern workplace
Paulo Coelho’s The Alchemist is not a business book, yet its lessons resonate deeply in today’s workplaces. From fear-driven leadership to purpose-led performance, the story offers powerful insights for employers navigating trust, control and growth in an evolving world of work.
Revisiting the boundaries of sexual harassment cases
On 12 September 2025, the Labour Court handed down judgment in Nedbank Limited vs Olwage and Others. The court set aside an arbitration award that had found the dismissal of a former employee substantively unfair. The judgment provides critical guidance on how decision-makers should assess harassment allegations. It also clarifies the role of arbitrators. Importantly, it reinforces the need for a victim-centred lens.
Post-retirement age dismissals – understanding workplace fairness
Section 187(2)(b) of the Labour Relations Act (LRA) provides that a dismissal may be fair if the employee has reached the normal or agreed retirement age. This means termination based on the employee’s age might not constitute unfair discrimination if the employee has reached retirement age.This distinction is important. It is crucial when considering dismissals that occur after an employee has passed retirement age.
Contractor or employee? Consequences clarified by the LAC
When you run your work as a business, invoice for your services, and elect to skip the obligations that come with being an employee, you cannot turn around and claim employee protection when the relationship ends.
Strike dismissal inconsistency – a costly lesson in proving fairness
Unprotected strikes will often merit dismissal where the employer has not provoked them. However, even where there has been no provocation, such dismissal can be found to be unfair.
