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​​​​​The Minister of Employment and Labour (the Minister) has withdrawn a long-standing exemption that previously shielded employers from labour law enforcement regarding deadlines for payment of benefit fund contributions.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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Harassment Training Requirements

South Africa’s Code of Good Practice on the Prevention and Elimination of Harassment and Violence in the Workplace does not specify a required frequency for training, but mandates that training must be ongoing and inclusive.  Employers should conduct training as part of a continuous effort to foster a respectful culture, ensure all employees, contractors, and even…

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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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ZEP holders get reprieve until 2027

In a move bringing relief to thousands of Zimbabwean nationals living in South Africa, Home Affairs Minister, Dr Leon Schreiber has extended the Zimbabwe Exemption Permit (ZEP) until May 28, 2027. The announcement was formalized through the Minister’s Immigration Directive No. 21 of 2025, seen by IOL, and affects approximately 180,000 ZEP holders living in…

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EMPLOYMENT EQUITY REPORTING SEASON IS UPON US

ARE YOU READY TO SUBMIT YOUR REPORT? The submission of Employment Equity (EE) Reports for the 2025 EE reporting period begins on Monday the 1st September 2025. Failure to comply will result in massive fines being levied. If you need help, have questions or require any clarity, please contact us: Charisa: charisa@ctlgroup.co.za or Erika: erika@ctlgroup.co.za

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Equal Pay for Equal Work

In the matter of Passenger Rail Agency of South Africa v Hoyo (CA04/2023) [2024] ZALAC 57; [2025] 2 BLLR 160 (LAC) (6 November 2024) the Labour Appeal Court (LAC) overturned a Labour Court decision that had found the employer guilty of unfair discrimination against the employee on the basis of race and unfair discrimination. The LAC found…

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