In employment law, the word incapacity is often treated as if it belongs only in conversations about sickness, injury, or long-term medical conditions. That is usually where people’s minds go first. If an employee is unwell and can no longer perform their role, incapacity seems obvious. But in practice, incapacity is often far broader than that.

In South Africa, labour law discussions often become urgent only once changes are finalised. By then, employers are scrambling to update policies, HR teams are under pressure, and employees are trying to understand rights in the middle of uncertainty.

In recent years, there has been a noticeable shift in how employment relationships end in South Africa. Increasingly, employers and employees are opting for mutual separation agreements rather than proceeding with formal disciplinary hearings , incapacity processes, or retrenchment consultations. On the surface, this seems pragmatic. It avoids protracted investigations and  hearings, CCMA referrals, reputational […]

If you’ve felt the wheels turning slower at the CCMA (or the Labour Court), you’re not imagining it. More and more employers (and employees) are struggling to get timely access to commissioners, hearing dates, and efficient processes. And it doesn’t appear to be a single-institution problem — it reflects broader strain across parts of the dispute-resolution system.

Hiring new employees is still one of the riskiest decisions an employer makes. You’re trying to protect your business, manage compliance and find the right person – all under time pressure. That’s exactly why it’s so tempting to lean heavily on important tools such as background checks, especially criminal and credit records.

From parental leave equality to incapacity management and arbitration award standings, 2025 delivered a new pivotal Constitutional Court judgment and reaffirmed legal positions. Here’s a concise, action-oriented review for HR leaders.

South Africa’s Employment Equity Act (EEA) has always aimed at two things: eliminating unfair discrimination and advancing equitable representation. In 2025, that mission gained sharper teeth. The Minister identified national economic sectors and set sectoral numerical targets under section 15A. Designated employers must now align their five-year Employment Equity Plans (EE Plans) with these sector targets—and show reasonable progress annually.

On September 4, 2025, significant amendments to South Africa’s Code of Good Practice on Dismissals came into effect—the first changes to Schedule 8 of the Labour Relations Act since its inception in 1995. While these amendments have generated considerable discussion in HR circles, the most important message is this: the law hasn’t fundamentally changed.