The Constitutional Court confirms the importance of exhausting internal procedures before resigning and calling a constructive dismissal

According to Maleka, and ahead of the planned acquisition, Clarkson announced that Allan Quinn was appointed as ADT’s new financial director, responsible for, among other things, overseeing the IT portfolio, which was headed by Maleka. Clarkson announced that after the acquisition, Quinn would report to Clarkson, and Maleka would report to Quinn, instead of Clarkson.…

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Employers in South Africa face a new legal risk

Kirsten Minnaar  14 March 2026 Proposed legislative amendments aim to expand the definition of “employee”, potentially exposing businesses to worker reclassification risks and new labour rights obligations. On 26 February 2026, the Minister of Employment and Labour published the Employment Laws Amendment Bill, 2025, and the Labour Relations Amendment Bill, 2025, for public comment. The…

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Call for Comments on the Draft Amendments to the Employment and Labour Regulations, 2005

The Department of Employment and Labour has published the Draft Labour Law Amendment Bill, 2025 on the 28 February 2026, the Draft Bill proposes several amendments to existing labour legislation, it aims to strengthen protections for employees, enhance the effectiveness of dispute‑resolution mechanisms, and align various employment related provisions with the Constitution. The key proposed…

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STATE OF THE NATION 2026

Herewith an independent report on SONA This was President Ramaphosa’s second-last SONA, as the ANC will elect new leadership at the end of next year. He appeared confident and at ease as he delivered his largely upbeat address, which lasted one hour and 43 minutes.  Key takeaways include:

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IMPORTANT NEW LAWS FOR ANYONE EMPLOYING A DOMESTIC WORKER IN SOUTH AFRICA

President Cyril Ramaphosa has commenced new amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA), impacting employers in South Africa, including households that employ domestic workers. The COIDA Amendment Act was first signed into law in April 2023, but certain sections were not implemented. On Friday, 23 January 2026, Ramaphosa gazetted the commencement of…

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Employers now subject to dual enforcement for non-payment of benefit fund contributions

The Minister of Employment and Labour (the Minister) has withdrawn a long-standing exemption that previously shielded employers from labour law enforcement regarding deadlines for payment of benefit fund contributions.  This change strengthens the enforcement framework and creates additional compliance obligations for employers. On 13 January 2026​, the Minister withdrew the 2003 determination that exempted employers…

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Dismissal for violation of picketing rules

In Shave and Gibson Packaging (Pty) Ltd v African Meat Industry and Allied Trade Union [2025] 8 BLLR 819 (LAC), 126 protected strikers were dismissed for insubordination after picketing outside the demarcated area during a violent strike. The employer had obtained an order interdicting the strikers from harassing and intimidating non-striking workers and from obstructing…

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Employers must update leave policies after landmark ConCourt ruling

The Constitutional Court has confirmed that sections of the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Fund Act are unconstitutional because, when it comes to “maternity leave”, they unfairly discriminate against mothers and fathers, surrogate parents, and those who adopt children. The declarations of constitutional invalidity were suspended for 36 months to…

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