Labour Law
Labour law is the body of legislation, regulation and jurisprudence governing the relationship between employers and employees in the workplace. It encompasses individual employment rights, collective bargaining, trade union recognition, workplace health and safety, discrimination and unfair dismissal, working conditions, remuneration and dispute resolution. In South Africa, the field is anchored by the Labour Relations Act, the Basic Conditions of Employment Act and the Employment Equity Act, which together establish minimum standards, protect workers' rights to organise and strike, and provide mechanisms for conciliation, arbitration and adjudication through the Commission for Conciliation, Mediation and Arbitration, the Labour Court and the Labour Appeal Court. Labour law applies across all sectors, including mining, manufacturing, services and the public sector, and shapes the conduct of employers, employees, trade unions and bargaining councils. Compliance with labour law is essential for lawful hiring, disciplinary procedures, retrenchments and the management of industrial action. The field is dynamic, with case law continually refining the interpretation of statutory provisions and the balance between employer prerogative and employee protection. Legal practitioners specialising in labour law advise on employment contracts, workplace policies, collective agreements and litigation. Labour law remains central to South Africa's industrial relations landscape, reflecting the country's constitutional commitment to fair labour practices and the legacy of its transition to democracy.
Labour Law Updates
Beyond expiry: Unfair dismissal and the limits of fixed-term contracts in South African labour law
8th June 2026 Fixed-term employment contracts are a familiar feature of the modern workplace, offering flexibility to employers and defined periods of engagement... →
SACP condemns xenophobic attacks and threats and calls for working-class unity and solidarity
5th June 2026 The South African Communist Party (SACP) overtly rejects and opposes the xenophobic violence and threats of violence against immigrants. There is... →
It can be unlawful to fire illegal strikers
29th May 2026 Chapter 4 of the LRA read together with item 6 of Schedule 8 of the LRA effectively allows employers to dismiss employees who have embarked on an... →
Pre-Arbitration Minutes: Lessons from Alexkor Ltd v Mervyn Carstens
29th May 2026 At its very nature, concluded pre-arbitration minutes are signed agreements. They are beneficial in the arbitration process as they clarify issues... →
Employers have rights too: Rebalancing the modern workplace
21st May 2026 South African labour law is often discussed through the lens of employee protection. That is unsurprising. The Labour Relations Act, the Basic... →
Important amendments to COIDA: What employers should know
20th May 2026 Recent amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA) took effect on 23 January, 1 February, and 1 April 2026.... →
South Africa: Occupational health and safety meets fair dismissal obligations – A zero-tolerance policy analysis
6th May 2026 In recent years, South African courts have experienced a rise in dismissal disputes linked to employers’ enforcement of zero‑tolerance alcohol and... →
The enforceability of overtime clauses in employment contracts
4th May 2026 Overtime clauses are a near-universal feature of modern employment contracts in South Africa, typically framed in broad terms requiring employees... →
Misunderstanding the objective test can mean a tightrope disaster
24th April 2026 When arbitrators and judges decide on whether a dismissal was for a fair reason they are required to apply what is called ‘the objective test’.... →
IMPORTANT UPDATE – Increase in Basic Conditions of Employment Act Earnings Threshold for 2026
21st April 2026 Section 6 of the Basic Conditions of Employment Act makes provision for the Minister of Employment and Labour to determine an earnings threshold.... →
