The Labour Appeal Court and Labour Court have announced the implementation of the Court Online digital case management platform, effective 14 April 2025, by way of two separate directives. The introduction is a leap forward for these specialised courts, effectively promoting the principle of expeditious dispute resolution as envisaged by the Labour Relations Act, 1995
Navigating Proposed Amendments to South Africa’s Labour Legislation: Part III
Implications for Employers
Introduction
In light of the proposed amendments detailed in Parts I and II of this article, which discussed the proposed amendments to the Labour Relations Act, 1995 (LRA), the Basic Conditions of Employment Act, 1997 (BCEA), the National Minimum Wage Act, 2018 (NMWA), and the Employment
Navigating Proposed Amendments to South Africa’s Labour Legislation: Part II
Proposed Amendments to the Basic Conditions of Employment Act, National Minimum Wage Act, and the Employment Equity Act
Introduction
Building on the foundation laid out in Part I, which discussed the proposed amendments to the Labour Relations Act, 1995 (LRA), Part II will delve into the changes being suggested for the Basic Conditions
Navigating Proposed Amendments to South Africa’s Labour Legislation: Part I
Proposed Amendments to the Labour Relations Act
Introduction
South Africa’s labour landscape is poised for significant changes through proposed amendments to key legislation, which aim to balance employee protection with economic growth and flexibility for employers. This article, which will be published in three parts, will provide an overview of the main proposed changes to
Navigating an organisation’s obligation to prevent corruption under section 34A of PRECCA
Employers to put in place “adequate procedures” to prevent corruption
It has been almost one year since the establishment of the offence of failing to prevent corruption in section 34A of the Prevention and Combating of Corrupt Activities Act, 2004 (PRECCA), which came into effect on 3 April 2024. Since then, companies in
Employment law earnings threshold increase from 1 April 2025
On 7 March 2025 the Minister of Employment and Labour announced an increase in the annual earnings threshold from R254 371.67 to R261 748.45. The increase is in effect from 1 April 2025.
For purposes of determining whether an employee earns in excess of the threshold, ‘earnings’ means an employee’s regular annual remuneration before deductions
Powers of a trade union to represent members in proceedings are limited by its constitution
On occasion an employee joins a trade union which operates outside of the industry in which their employer operates. The Constitutional Court held that such a trade union does not have the power to represent the employee in CCMA and Labour Court proceedings if the registered scope of the trade union precludes the employee from
The apex court to determine a challenge to parental leave regime this November:
The Minister has a change of heart
On 1 November 2024 the Constitutional Court will consider whether to confirm a High Court order which found the Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Unemployment Insurance Fund Act 63 of 2001 (UIF Act) unconstitutional to the extent that
South African companies’ compliance with the EU Corporate Sustainability Due Diligence Directive
Following extensive negotiations, the Council of the European Union (EU) formally adopted the Corporate Sustainability Due Diligence Directive (the CS3D) on 24 May 2024. Once fully implemented, both EU and non-EU companies, as well as their ‘upstream’ and ‘downstream’ value chains (or “chain of activities”), will be subject to mandatory human rights
Principles of common purpose doctrine for violence during strike action
In a January 2024 judgment the Labour Court reaffirmed the principles pertaining to the doctrine of common purpose in relation to violent acts committed by groups of employees during strike action.
In November 2018, about 2500 employees of a pharmaceutical retailer embarked on a protected strike which was subject to picketing rules. Following non-compliance with