Bothma Consulting

20/04/2026

⚖️ Earnings Threshold Update (2026)

💰 New Threshold:
R269,600.90 per annum

Effective 1 May 2026

👥 Who it applies to:

Employees earning above this amount are excluded from certain provisions of the BCEA

📚 Sections they are excluded from:

Working hours
Overtime
Meal intervals
Daily & weekly rest periods
Sunday work
Night work
Public holidays

👉 (Sections 9–18 of the BCEA)

🧾 What counts as “earnings”:
Regular annual remuneration before deductions (tax, pension, medical, etc.)

Excludes:

Employer contributions
Subsistence & transport allowances
Overtime payments

⚠️ Important Employer Takeaway:
Just because an employee earns above the threshold does NOT mean no protection
It simply limits specific BCEA protections (mainly working time provisions)

Contracts + policies become critical to regulate hours, overtime, and expectations.

29/03/2026

Important Labour Court Reminder for Employers: Suspicion Is Not Proof

Heard: 27 August 2025
Delivered: 23 February 2026

In the case with Jane Makhubela vs Woolworths (Pty) Ltd, Acting Judge W.N. Sidzumo ruled that the giant retailer failed to prove misconduct on a balance of probabilities and upheld a decision of the Commission for Conciliation, Mediation and Arbitration (CCMA) ordering the employee’s reinstatement with six months’ back pay.

A recent Labour Court judgment involving Woolworths has highlighted a critical principle in workplace discipline: suspicion alone is not sufficient grounds for dismissal.

The case involved a long-serving employee who was dismissed after CCTV footage showed what the employer considered “suspicious” behaviour in a stockroom. However, no stock loss was recorded and no evidence of concealment or theft was proven. The CCMA found the dismissal substantively unfair, and the Labour Court upheld the decision, ordering the employee’s reinstatement with six months’ back pay.

Key takeaways for employers:
✔️ Evidence matters – Suspicion, even when supported by CCTV footage, does not automatically prove misconduct.
✔️ Charges must be clear and accurate – Employers cannot rely on arguments (such as dishonesty) that were not part of the original charge.
✔️ Investigations must be thorough – Decisions to dismiss should be based on demonstrable evidence, not assumptions.
✔️ Reinstatement remains the primary remedy where a dismissal is found to be unfair.

This judgment is an important reminder that procedural and substantive fairness remain central to South African labour law. Employers must ensure that disciplinary processes are evidence-based, properly investigated, and fairly applied.

24/03/2026

⚖️ Absence vs. Communication: A Lesson from the Labour Court

​The Labour Court recently ruled on a case that serves as a vital reminder for both employers and employees: a medical certificate justifies your absence, but it does not excuse a failure to communicate.

​Case: Mqulwana v Webhelp SA Outsourcing (Pty) Ltd

​📍 The Situation:
An employee was dismissed for misconduct after failing to notify his line manager that he would be absent from work.

​📱 The "No Phone" Defense:

The employee argued he couldn't call because his phone had been stolen. However, the court found he lived with family who had phones and he had been previously told where to find his manager's contact details.

​📄 Medical Certificates aren't "Get Out of Jail Free" Cards:

The applicant believed that providing a doctor's note upon his return should be sufficient. The court disagreed, stating that managers need to know on the day if an employee is coming so they can manage operations.

​⚠️ The Power of Progressive Discipline:

The dismissal was upheld as substantively fair, largely because the employee had already received three previous warnings for the exact same issue.

​👨‍⚖️ The Final Verdict: Judge Lagrange dismissed the review application, finding the arbitrator’s decision to uphold the dismissal was entirely reasonable.

​💡 The Professional Takeaway:

Operational efficiency relies on communication. If you are sick, your first priority (after your health) should be informing your team. A doctor's note proves you were ill, but it doesn't repair the bridge of a "no-call, no-show."

01/03/2026

For any Labour law enquiries, please email Adv. G.H. Bothma at [email protected].

01/02/2026

https://businesstech.co.za/news/lifestyle/849015/important-new-laws-for-anyone-employing-a-domestic-worker-in-south-africa/?fbclid=IwZnRzaAPr1DNleHRuA2FlbQIxMQBzcnRjBmFwcF9pZAo2NjI4NTY4Mzc5AAEeQhw5t3kCbMgTObcSq7ngjCntAAZn7lvi9VNOAS8f96arG0CTTPG0PFAHeoE_aem_U_5Aknw7o10WokOH9bBs1Q

Employers in South Africa face steep fines and a higher administrative burden following new changes to the Compensation for Occupational Injuries and Diseases Act.

18/12/2025

Dear Valued Client,

As we reflect on 2025, we would like to express our sincere gratitude for your trust and continued support throughout the year. Your partnership and loyalty have been fundamental to our success, and it is truly an honour to serve you.

At Bothma Consulting, we remain dedicated to providing exceptional services and solutions tailored to your needs. Your collaboration and feedback inspire us to innovate and grow, and we eagerly anticipate further strengthening our partnership in the year ahead.

Thank you once again for choosing us.
We wish you and your team a prosperous and successful 2026.

Warm regards,
The Bothma Consulting Team

11/12/2025

The current minimum wage is R28.79 per hour, and a 5% increase would take it to about R30.23.

Approximately 5.5 million workers currently earn the minimum wage, including many farm and domestic workers.

The inflation rate six weeks prior to 1 March (in other words, the average rate for 2025) is used as the basis, meaning the recommended increase cannot be accurately estimated.

The Commission's recommendation is subject to a public consultation process, with comments awaited until 12 January 2026, after which Minister of Employment and Labour Nomakhosazana M**h will announce the increase, which takes effect on 1 March 2026.

26/11/2025

Preparation really is everything.⚖️

13/10/2025

Game Time⚖️

04/10/2025

Con. Court Equalises Parental Leave Rights: Employers Must Prepare for Policy Changes

The Constitutional Court has finally handed down a significant judgment that transforms parental leave rights in South Africa. The Court confirmed the 2023 Gauteng High Court ruling that the provisions of the Basic Conditions of Employment Act (BCEA) regarding maternity and parental leave were unconstitutional.

What Has Changed
- Previously: Biological mothers were entitled to 4 months’ maternity leave, while fathers and other parents were limited to 10 days’ parental leave.
- Now: Parents are entitled to 4 months and 10 days of leave in total, which they may share between them as they choose, regardless of gender, s*x, or family circumstances.

The Case Behind the Ruling
- The matter originated with Werner van Wyk and others, who argued that the BCEA and UIF Act discriminated against fathers, adoptive parents, and commissioning parents.
- The Constitutional Court has now confirmed that the law unfairly placed the childcare burden primarily on mothers, reinforcing harmful gender roles.

Why This Matters for Employers
- Further guidance on the implementation of the judgment and potential legislative amendments to the BCEA and UIF Act are expected in the coming weeks. Employers should stay alert for updates and ensure policy compliance.
- Employers will need to review and amend leave policies to align with the new standard.
- HR teams must prepare for shared parental leave requests, which may be structured differently depending on each family’s circumstances.
- This ruling aligns South Africa with progressive global trends on shared parenting and workplace equality.

Broader Impact
- The decision has been hailed by labour groups and gender rights activists as a victory for gender equality and family rights in the workplace.
- It marks a significant step towards recognising parenting as a shared responsibility.