This Labour Brief examines a significant High Court ruling confirming that the dismissal of a foreign national without a valid work visa may still be unlawful if proper termination procedures are not followed. The case involved a foreign national employed on successive fixed-term contracts whose employment was terminated with immediate effect due to the absence…
Labour Brief 484: Types of Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) has become a preferred and increasingly important mechanism for resolving commercial and employment-related disputes in South Africa. With court backlogs continuing to delay litigation outcomes, ADR offers a more efficient, cost-effective, and confidential alternative to traditional court processes. This Labour Brief outlines the role of ADR in commercial agreements and explains…
TESD Webinar Recap: Mastering the New Code of Good Practice on Dismissal with John Botha
On 14 May 2025, TESD hosted an exclusive webinar for its members to explore the New Code of Good Practice on Dismissal. The session was led by John Botha, Joint-CEO of Global Business Solutions, and provided a deep dive into the Code’s focus on dialogue, reflection, and flexibility in disciplinary procedures. Attendees gained: This valuable…
LABOUR BRIEF: Department of Employment and Labour Workplace Inspection
The Department of Employment and Labour (DEL) conducts inspections to ensure compliance with labour laws, particularly in the Temporary Employment Services (TES) sector. Key focus areas include employment contracts, occupational health and safety, wages, working conditions, and fair labour practices. To prepare, employers must maintain accurate records, align policies with labour laws, conduct internal audits,…
LABOUR BRIEF: Two-Pot Retirement System
What is the Two-Pot System of Retirement? The Two-Pot System of Retirement is a significant reform that took effect on September 1, 2024, designed to offer greater flexibility and financial security for retirement fund members in South Africa. Under this new system, retirement fund members will have the ability to make partial withdrawals from their…
LABOUR BRIEF: Take care before you share: The dangers of social media use in the workplace
Advancements in technological gadgets, including smartphones and laptops, alongside recent breakthroughs in artificial intelligence, have significantly streamlined our daily lives. These innovations allow us to access information at lightning speed. Additionally, social media platforms like Facebook, Instagram, and X (formerly Twitter) have revolutionized global communication, enabling users to connect with others worldwide with just a…
Violence and harassment in the workplace – Beyond sexual harassment
LABOUR BRIEF NO. 448 The Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace (the Code) became effective on 18 March 2022. While there have been moves from the legislature to combat violence and harassment in the workplace, in many respects, the South African legislative framework was seen…