South Africa’s Parental Leave Rules Have Been Updated
On 3 October 2025, the Constitutional Court delivered a landmark decision in Van Wyk and Others v Minister of Employment and Labour & Others (CCT 308/23) [2025] ZACC 20, fundamentally reshaping the law on parental leave in South Africa. The Judgment The court declared that the existing provisions of the Basic Conditions of Employment Act […]
Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights
A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade clause is to protect businesses from unfair competition by former employees or partners and safeguard company secrets and its client base. A typical restraint of trade clause may require a senior manager or sales […]
Your PAYE obligations as an employer
As an employer, it is your responsibility to withhold tax from your employees’ salaries and remit it to SARS. Employee tax is a key component of the South African tax system and is the mechanism through which employers withhold and remit income tax on behalf of their employees. Commonly known as PAYE (which stands for […]
Can my employer refuse to accept my medical certificate?
The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their absence from work, they are obliged to pay them for the day(s) missed. Similarly, employees believe that should they stay away from work and provide a medical certificate, all […]