Fired Unfairly? How to Stand Up for Your Rights
Losing your job can be devastating, especially when your dismissal was unfair. Fortunately, the Labour Relations Act (LRA) ensures you aren’t left unprotected. Your employer cannot simply show you the door without a watertight reason and a fair process. If you believe your dismissal was unjust, you have the right to fight back, and the […]
South Africa’s Parental Leave Rules Have Been Updated
On 3 October 2025, the Constitutional Court delivered a landmark decision in Van Wyk and Others v Minister of Employment and Labour & Others (CCT 308/23) [2025] ZACC 20, fundamentally reshaping the law on parental leave in South Africa. The Judgment The court declared that the existing provisions of the Basic Conditions of Employment Act […]
Do Part-Time Domestic Workers Get Paid Leave?
In South Africa, many households employ part-time domestic workers or gardeners who may only work once or twice a week. Employers often wonder whether they need to provide paid leave in these cases. The short answer is yes — but only proportionally, based on the number of days worked. Annual Leave The Basic Conditions of […]
How to Obtain the Right to Mine in South Africa
South Africa has the world’s fifth-largest mining sector in terms of gross domestic product value. The mineral wealth of the nation presents an opportunity for mining operations to be conducted on a large scale. However, due to the widespread disregard for legal processes, the mining sector of South Africa has been tainted by illegal mining […]
Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights
A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade clause is to protect businesses from unfair competition by former employees or partners and safeguard company secrets and its client base. A typical restraint of trade clause may require a senior manager or sales […]
How Does Section 73A of the BCEA Apply to Independent Contractors?
The difference between employees and independent contractors carries significant weight within the employment law sector. Being considered an employee affords you a plethora of protections and dispute resolution mechanisms, while the other, not so much. But what happens in the case where you worked for someone, and they refuse to pay the monies due to […]
Age Discrimination in South Africa: Safeguarding the Rights of Older Employees
Age discrimination, especially in the context of employment, is a pervasive issue across many countries, including South Africa. In the labour law framework of South Africa, age is a prohibited ground of discrimination under the Employment Equity Act (EEA). The rise of aging populations and the increased need for extended working careers have forced employers […]
Are You Considered an Employee in Terms of the Labour Relations Act?
There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are protected under the Labour Relations Act. More often than not, independent contractors believe that they have signed employment contracts as employees, when, in reality, they have signed independent contractor agreements and, in laymen’s terms, have […]
Considering the CCMA ? Here Is What You Need to Know
A lack of information or comprehension of the Commission for Conciliation, Mediation, and Arbitration (Hereinafter the “CCMA”) and its processes can prevent the public from taking advantage of the commission’s accessible and low-cost services, causing frustration. For those unfamiliar with labour laws and not part of the legal profession, navigating the CCMA can seem intimidating […]
When Can My Employer Convert My Paid Suspension to Unpaid?
Generally, employees suspended during a disciplinary enquiry are entitled to their full salary. This suspension allows for a thorough investigation of the incident in the workplace without distractions or obstructions by the employee. However, there are times when an employer might feel that they’re being ‘bled out’ by an employee. This article answers the question […]