Employment and Labour Law

Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line?
A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. If you’ve ever wondered whether a harassment claim would succeed against your employer, or whether your management style exposes your business to legal risk, the answer may surprise you.

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,

“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

“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

“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

“There’s no trust, no faith, no honesty in men.” (William Shakespeare, in Romeo and Juliet) A recent Labour Court decision is a stark reminder to employees that an employment relationship is founded on trust, and that any breach of that trust could justify dismissal. Pocketing a 50c coin to balance her till The responsibilities of

“When cognitive capacities are the focus, the 70s are the new 50s.” (IMF) Fake news articles suggesting that South Africa was implementing a new standard retirement age policy, supposedly from 30 May this year, recently went viral on social media. Convincingly structured to look realistic (AI’s dark hand there?), the articles suggested that 65 is

“The legal principles, as I understand them, do not confer on me the powers of Father Christmas. I cannot rescue the un-rescuable.” (Quoted in the judgment below) We all want loyal, competent staff who remain motivated to stay with us in the long term, but the reality is that a degree of employee churn is