Month: February 2026

Navigating the eviction process can be complex and fraught with potential pitfalls. It’s essential for landlords to adhere strictly to legal protocols to avoid costly mistakes and delays. The following guidelines highlight critical actions to avoid during an eviction to ensure compliance with the law and protect both parties’ rights. By following these steps, landlords […]

Evicting defaulting tenants is a challenging yet sometimes necessary aspect of property management. When tenants fail to meet their rental obligations, landlords must navigate a complex legal landscape to regain possession of their property. This process involves understanding the legal grounds for eviction, adhering to proper notice requirements, and potentially engaging in court proceedings.  In […]

Tenants enjoy robust legal protections against arbitrary evictions, ensuring their right to adequate housing is upheld. This legislation is designed to prevent unlawful evictions and ensure that tenants are treated fairly, with due process followed at every step. Additionally, the South African Constitution enshrines the right to housing, further reinforcing the legal framework that safeguards […]

An employer is sure to be very upset when an employee is booked off on sick leave, but is then seen engaging in social activities that a “sick” person should not be engaging in.  Can the employer dismiss the employee? In the matter of Hans v Montego Pet Nutrition [2024], the Commission for Conciliation, Mediation and […]

Employees do not always realise that when they resigned because his or her employer made it intolerable to continue the employment relationship, it may actually be a form of dismissal. In terms of the Labour Law dismissal includes any of the following: Constructive dismissal was codified in the Labour Relations Act No 66 of 1995 (LRA). Section 186 […]

Our law firm was recently approached by a client who worked at a family business for over 24 years.  She was informed of a disciplinary hearing on a charge of fraud.  The Notice of Disciplinary Hearing informed her that she was entitled to  representation by a colleague at the hearing.  However, the total workforce of […]

Fixed-term employment contracts are a common form of employment in South Africa. However, they can lead to a variety of legal issues, particularly when they are used inappropriately or in an exploitative manner. This article will explore some of the key legal issues surrounding the use of fixed-term contracts in South Africa. A fixed-term contract […]

South Africa’s workforce is a vibrant and dynamic entity, playing a crucial role in both the local and global economy. Central to this ecosystem are employment contracts, the legal bedrock of the employer-employee relationship. These contracts not only define the terms of employment but also embody the legalities that safeguard the rights and responsibilities of both parties. […]

Retrenchment is a challenging process that requires careful consideration and adherence to legal requirements. This guide provides a step-by-step process on how to retrench a domestic worker and the potential legal consequences of not following the law. 1. Understanding the Legal Framework Before initiating the retrenchment process, it’s crucial to understand the labour laws in […]

The law regarding domestic workers is detailed in the Basic Conditions of Employment Act and subsequent amendments. This Act covers any staff who work in your home including gardeners, cleaners, domestic drivers, cooks, carers, nannies and au pairs. Minimum Wage The new National Minimum Wage was Gazetted on 3rd February 2024, increased to R27.58 per […]