2025 Newsletters

The evolving political landscape surrounding foreign nationals in South Africa has led to notable shifts in how employers are treated by immigration authorities, particularly when it comes to the employment of individuals without legal status. As enforcement becomes more stringent, the legal risks for businesses have increased substantially. Employers may now face serious consequences if … Immigration Enforcement: Employer Liability in South Africa

Introduction In terms of section 14(d) of the Constitution, everyone has the right to privacy and not to have the privacy of their communications infringed. To this effect, our legislature has developed several pieces of legislation that give effect to the right to privacy, most notable in the form of the Regulation of Interception of … Impact of POPI and RICA on Labour Law

South African employers are increasingly recognising the importance of understanding the distinctions between limited duration and permanent employment contracts. A solid grasp of the general application, benefits, drawbacks, and legal considerations of these types of contracts is essential, as these decisions can have significant operational and legal consequences. This newsletter will provide an exposition of … Navigating the Contractual Landscape: Limited Duration Contracts vs Permanent Contracts

Incapacity due to ill health is a sensitive issue in the workplace that requires careful navigation. South African labour laws, especially the Labour Relations Act, provide clear guidelines regarding the rights of employees who are unable to perform their duties due to ill health, as well as the obligations of employers to reasonably accommodate these … Incapacity due to Ill Health – Assessing the Extent of the Employer’s Duty to Accommodate an Employee

In today’s globalised world, employees often travel abroad for personal or professional reasons. This raises an important question: What happens when an employee requires medical care or assistance while overseas? Specifically, are sick notes from foreign doctors accepted in South African workplaces? Understanding Sick Leave in South Africa According to South African labour laws, particularly … The Use of International Doctors’ Notes in the South African Workplace

The arrest of an employee presents a complex and sensitive situation for any employer, often leading to unexpected legal and operational challenges. Whether for a minor offence or a serious crime, the immediate question for business owners is: What do we do now?  While the presumption of innocence under South African criminal law remains paramount, … Innocent Until Proven Guilty- The Employer’s Dilemma in Managing Employee Arrests

The General Secretary of the Bargaining Council for the Restaurant, Catering, and Allied Trades Collective Agreement has recently issued a crucial notice to all stakeholders regarding an upcoming change to the minimum wage for restaurants in Johannesburg. According to the newly implemented National Minimum Wage regulations, the hourly minimum wage for restaurants will increase from … Minimum Wage Increase for Johannesburg Restaurants

In a competitive business environment, employers often rely on restraint of trade agreements to safeguard their proprietary interests, confidential information, and client relationships. These agreements can play a crucial role in protecting an employer’s business. However, it is of paramount importance that these agreements are properly structured and enforced. Challenges may arise in ensuring that … Effective Enforcement of Restraint of Trade Agreements in the Labour Relations Sphere