When an employee hands in a sick note, how much can an employer really ask about their medical condition? South African law protects workers’ privacy—but where do the boundaries lie? Let’s break down the rules under the Basic Conditions of Employment Act (BCEA) and when an employer can—and can’t—ask for details Employee sick leave is…
What You Should And Shouldn’t Present To The Department Of Labour When An Inspector Arrives
Labour inspectors from the Department of Employment and Labour (DoEL) conduct workplace inspections periodically to assess compliance with labour legislation. These inspectors are appointed in terms of Section 63(1) of the Basic Conditions of Employment Act (BCEA) and are authorised to monitor and enforce the following legislation: In terms of Section 65(1) of the BCEA,…
Be Wary of the Hype! The New Draft Dismissal Code
The new Draft Code of Good Practice on Dismissal was published on 21 January 2025. The media have quickly reacted with several articles featuring eye-catching headlines: Risk-averse employers, especially small business owners, should be wary of the hype surrounding the draft Code. Reaffirming Established Labour Law Principles The draft Code largely rewords the existing code…
Protect Your Business from Data Breaches: Lessons from the MTN Cybersecurity Incident
Protect Your Business from Data Breaches: Lessons from the MTN Cybersecurity Incident On 25 April 2025, South African telecoms giant MTN Group confirmed a cybersecurity breach that resulted in unauthorised access to customer data across several of its operating markets. While no financial platforms or core systems were compromised, the incident highlights the growing cybersecurity…
Employing Clock Watchers? Here’s What You Need to Know
In every workplace, productivity, engagement, and commitment are crucial for maintaining a high-performing team. However, most business owners and managers will, at some point, encounter employees who seem more focused on watching the clock than contributing meaningfully to the team’s success. These so-called “clock watchers” are individuals who mentally check out long before their official…
New Employment Equity Regulations!
New Employment Equity Regulations Officially Introduced On 15 April 2025, the Minister of Employment and Labour officially revoked the 2014 Employment Equity Regulations and, in line with Section 55(1) of the Employment Equity Act, 1998, promulgated the new Employment Equity Regulations, 2025. Under Sections 15A (1) and (2) of the Act, the Minister issued a…
Important Notice: 2024/2025 PAIA Annual Report Submissions Open Soon
The Information Regulator (“Regulator”) announced the dates for the submission of the 2024/2025 Financial Year Annual PAIA Reports for public and private bodies. These reports, mandated by the Promotion of Access to Information Act 2 of 2000 (PAIA), are essential for ensuring transparency and accountability in the processing of access to information requests. What is…
When Personal Matters Become a Business Liability
In a recent Labour Court judgment, the case of Legend Logistics v SATAWU obo T.M and Others (JR831/24) [2025] ZALCJHB 85 sheds light on a critical legal principle: when does an employee’s personal matter become the employer’s concern? The ruling serves as a reminder that disciplinary action must be based on workplace conduct—not personal disputes….
How to Manage Family Responsibility Leave Correctly in 2025 as a Business Owner
Family emergencies are inevitable—but as a business owner, are you handling Family Responsibility Leave correctly? Mismanaging leave requests can lead to compliance risks, workplace disputes, and even legal penalties. Section 27 of the Basic Conditions of Employment Act (BCEA) Here’s what you need to know in 2025 to protect your business and ensure compliance with…
SA Constitutional Court Raises the Stakes on Retirement Dismissals
A landmark ruling now makes age-based dismissals riskier, exposing businesses to lawsuits, payouts of up to 24 months’ salary, and reputational damage. The Cases That Opened the Floodgates What This Means for Employers The Cost of Getting It Wrong Employers Must Act Now This ruling reshapes retirement dismissals. Employers must tighten policies immediately or risk…