Labour Law

Navigating Probation and Poor Work Performance

The recently amended Code of Good Practice: Dismissal has once again highlighted a workplace issue that continues to generate substantial Commission for Conciliation, Mediation and Arbitration (CCMA) litigation, namely the management of probation and Poor Work Performance (PWP). While many employers understand that performance should be managed fairly, there remains …

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4 November 2026 Declared a Public Holiday
Labour Law

4 November 2026 Declared a Public Holiday

The President has declared Wednesday, 4 November 2026, a public holiday throughout South Africa. The declaration has been made in terms of section 2A of the Public Holidays Act 36 of 1994 to accommodate the holding of local government elections. Employers should therefore treat 4 November 2026 as an official …

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Substance Abuse in the Workplace - Illness Misconduct or Both
Labour Law

Substance Abuse in the Workplace: Illness, Misconduct, or Both?

The prevalence of alcohol and drug-related incidents in the workplace continues to present significant challenges for employers. On the one hand, labour law recognises substance dependency as a medical condition that may constitute incapacity, while on the other hand, employers have a statutory obligation to maintain a safe workplace and …

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Information Compliance

When One Incident Opens the Whole File

The Information Regulator’s 31 August 2026 media briefing set out five years of enforcement work and one clear message for employers: the incident is the trigger, not the finding. On 31 August 2026 the Information Regulator held a media briefing on its POPIA and PAIA enforcement work. Most coverage will …

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Managing Customer Complaints Without Creating Unfair Labour Practices
Labour Law

Managing Customer Complaints Without Creating Unfair Labour Practices

Customer complaints are part of daily life in many sectors, with those in the wholesale and retail sector being at the coalface of it. Cashiers, sales assistants, merchandisers, warehouse staff, supervisors, delivery teams, and managers all work under pressure, often in direct contact with customers who may be frustrated, impatient, …

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Unequal Pay and Unfair Discrimination - The Significance of PRASA v Hoyo
Labour Law

Unequal Pay and Unfair Discrimination: The Significance of PRASA v Hoyo

The principle of equal pay for equal work, or work of equal value, remains a fundamental component of South African employment law. Section 6(4) of the Employment Equity Act 55 of 1998 (EEA) prohibits unfair discrimination where employees performing the same, substantially the same, or work of equal value are …

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