Employment and Labour Law

“Oh, what a tangled web we weave, when first we practice to deceive!” (Sir Walter Scott) The company that runs Cape Town’s V&A Waterfront appointed a chief information officer in October 2015. A year later, a credit check contradicted something she had said at her interview, and the company investigated her employment history. She was dismissed in December 2016 after a disciplinary enquiry, and the company sued her in the Labour Court for its losses. She did not testify or cross-examine the company’s witnesses, despite opportunities to do so. What had she told the employer? She said she had voluntarily…

“A promise made is a debt unpaid.” (Robert W. Service) During wage negotiations in 2021, a pharmaceutical company told its employees that it intended to stop paying a 13th cheque and replace it with a performance-based bonus. Those who agreed would receive a 5.5% salary increase. Those who refused would not. The company also said its finances were such that it would endure a strike, even a long one, rather than retain the guaranteed 13th cheque. The employees refused. The company went ahead anyway. In December 2021 it paid no 13th cheque, only a discretionary R3,000. The judgment records that,…

“Ignorance of the law excuses no man.” (John Selden) Government is increasing inspections aimed at employers of undocumented foreign nationals. Businesses may be the most obvious targets, but an ordinary household employing a domestic worker or gardener is also an employer. The current law prohibits an employer from employing anyone who: is unlawfully in South Africa whose status does not allow them to work or whose documents do not permit the particular work they are doing Employers must make a good-faith effort to establish that the person is entitled to perform the work for which they are employed. What should…

“…the threat of disciplinary action can be held as a sword of Damocles over the heads of employees …” (Supreme Court of Appeal) The Labour Court’s recent reinstatement of a dismissed whistleblower has confirmed that our laws will robustly protect anyone who reports wrongdoing in the workplace. “The Whistleblower’s Act” removes the Sword of Damocles The Protected Disclosures Act (“PDA”) – commonly referred to as the “Whistleblower’s Act” – protects employees, independent contractors, consultants, agents and workers employed by labour brokers from retaliation after reporting unlawful or improper conduct. Without that protection, as our courts have pointed out, “the threat…

“To avoid criticism, do nothing, say nothing, be nothing.” (Elbert Hubbard) An unpleasant boss. A strained working relationship. A manager whose style leaves much to be desired. Sound familiar? For many employees, the line between a miserable workplace and an unlawful one is frustratingly blurry. A 2023 Labour Court judgment helps draw that line more clearly. And the verdict may surprise some employees who’ve been banking on a harassment claim. A senior official takes her employer to court A Deputy Director-General at the Department of Justice and Constitutional Development referred a claim of unfair discrimination to the Labour Court. She…

The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2026 by 5% from R28,79 per hour to R30,23 per hour. Domestic workers: Assuming a work month of 22 days x 8 hours per day, R30,23 per hour equates to R241,84 per day or R5320,48 per month. Of course, this is just the bare legal minimum. The Living Wage calculator will help you check whether you are actually paying enough to cover a household’s “minimal need” (adjust the “Assumptions” in the calculator to ensure that the figures used are up-to-date). Disclaimer: The information provided herein…

“Sexual harassment is the most heinous conduct that plagues the workplace.” (Extract from the judgment below) Our courts have no tolerance for sexual harassment in the workplace, stressing that, at its core, it is concerned with power dynamics at work. A recent Labour Court decision has confirmed that in assessing whether or not an employee is guilty of such harassment, it is the victim’s perspective that must lie at the heart of the enquiry. Victims will take heart from this decision, while employers and other employees should understand clearly the dangers of not heeding it. Manager fired after inviting an…

“The employer shall ensure, as far as is reasonably practicable, that all persons who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.” (Occupational Health and Safety Act) The season of goodwill, holidays, celebrations, and year-end functions is upon us once again. And with it comes a timely reminder to employers that, while their “zero tolerance” alcohol-at-work policies may be key to maintaining health and safety in the workplace, they have their limits when it comes to disciplining offenders. Two teaspoons of cough mixture A forklift driver with an impeccable six-year…

“Raising kids is part joy and part guerilla warfare.” (Ed Asner, actor with a great sense of humour!) A game-changing judgment from our Constitutional Court sets out new rules for parental leave. The joy of becoming parents, and a father’s leave dilemma The birth of a couple’s first child presented them with both a bundle of joy and a practical dilemma. Dad wanted to be the baby’s primary caregiver while his wife carried on running her two businesses, so he asked his employer for four months’ parental leave. “Sorry,” said his boss, “the law only allows you ten days”. In…