Question 1

What is the difference between procedural and substantive fairness?

Accepted Answer

Procedural fairness refers to the "how" — following the correct disciplinary steps before dismissal. Substantive fairness refers to the "why" — having a valid, fair reason for the dismissal, as required under the Labour Relations Act (LRA).

Question 2

Can my employer reduce my salary without my consent?

Accepted Answer

No. Under the Basic Conditions of Employment Act (BCEA), an employer may only reduce your pay with your written consent or on a lawful basis such as a court order or registered collective agreement.

Question 3

How long do I have to refer a dispute to the CCMA?

Accepted Answer

For unfair dismissal you must refer the dispute to the CCMA within 30 days of the date of dismissal. Other dispute types carry different time limits, so acting quickly is always advisable.

Question 4

What are the main grounds for divorce in South Africa?

Accepted Answer

The most widely used ground is the irretrievable breakdown of the marriage under Section 4 of the Divorce Act 70 of 1979. Courts consider factors such as separation, adultery, and ongoing conflict when deciding whether the marriage has broken down.

Question 5

Am I entitled to double pay for working on public holidays?

Accepted Answer

Generally yes. Under the BCEA, work performed on a public holiday must be remunerated at double the employee's ordinary daily wage, unless a different rate has been agreed in a written contract or sectoral determination.

Question 6

Can a landlord increase my rent whenever they want?

Accepted Answer

No. Rent increases must comply with the terms of the lease agreement and, where applicable, the Rental Housing Act 50 of 1999. Landlords are typically required to give reasonable written notice — often one full rental period — before any increase takes effect.

Question 7

Is child maintenance compulsory in South Africa?

Accepted Answer

Yes. The Maintenance Act 99 of 1998 places a legal obligation on both biological parents to contribute to a child's basic needs, including housing, food, clothing, education, and medical care, in proportion to their respective means.

Question 8

Do I need a written contract for my employment to be valid?

Accepted Answer

No. While a written contract is strongly recommended, verbal agreements and the actual reality of the working relationship carry legal weight under the BCEA and the LRA. Employers are, however, legally required to provide written particulars of employment within the first month.

Question 9

What is a constructive dismissal?

Accepted Answer

Constructive dismissal occurs when an employer makes the working conditions so intolerable — through demotion, bullying, non-payment, or unfair treatment — that the employee has no reasonable choice but to resign. The resignation is then treated as a dismissal under the LRA.

Question 10

Does a small business need to register with the CIPC?

Accepted Answer

Yes. Formal business entities such as private companies (Pty Ltd), close corporations, and non-profit companies must be registered through the Companies and Intellectual Property Commission (CIPC) under the Companies Act 71 of 2008. Sole proprietors may trade without CIPC registration but still need to comply with tax and other regulatory obligations.

Question 11

Can I be blacklisted for not paying child maintenance?

Accepted Answer

Yes. As of 2025, maintenance defaulters in South Africa can be reported to credit bureaus, which may negatively impact your credit record. Courts also have powers to attach income or issue a warrant of execution for unpaid maintenance.

Question 12

Does child maintenance stop when a child turns 18?

Accepted Answer

No. The duty of support does not automatically end at 18. If a child is still dependent — for example, due to full-time studies or a disability — both parents remain legally obligated to contribute until the child becomes self-supporting.

Question 13

What is the PIE Act and how does it protect tenants from eviction?

Accepted Answer

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) prohibits self-help evictions. A landlord must obtain a court order before any eviction can take place, and the court must be satisfied that the eviction is just and equitable — especially where vulnerable occupants such as children or elderly persons are involved.

Question 14

How do I handle a tenant who stops paying rent?

Accepted Answer

You must first issue a formal written breach notice (typically 20 business days under the CPA or as specified in the lease) giving the tenant an opportunity to remedy the breach. If the breach is not cured, you may approach the court for a cancellation of the lease and an eviction order under the PIE Act. Self-help evictions are illegal.

Question 15

Why do I need a Living Will in South Africa?

Accepted Answer

A Living Will (also called an Advanced Directive) records your medical preferences — such as not wanting to be placed on life support — for situations where you can no longer communicate your wishes. While not yet governed by specific legislation in SA, it carries significant moral and legal weight and guides healthcare practitioners and family members.

Question 16

What is the 'Two-Pot' retirement system and how does it affect me?

Accepted Answer

The Two-Pot Retirement System, effective 1 September 2024, divides your retirement savings into a "savings component" (one-third, accessible once per tax year from age 55 for emergencies) and a "retirement component" (two-thirds, preserved until retirement). Withdrawals from the savings pot are taxed as income and must be applied for through your fund administrator.

Question 17

Can I legally work remotely for an overseas company while living in South Africa?

Accepted Answer

Yes. You may work remotely for a foreign employer from South Africa, but you remain a South African tax resident and must declare all foreign income to SARS. South Africa also introduced a Remote Work Visa ("Digital Nomad Visa") to formalise the status of foreigners working remotely from SA. Local labour law protections may not automatically apply if your employment contract is governed by a foreign jurisdiction.

Question 18

How do I report a case of workplace bullying or harassment?

Accepted Answer

You should first follow your employer's internal grievance procedure. If that fails or is unavailable, the CCMA's Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (2022) provides a framework for referral. Severe cases may also constitute a criminal offence or ground an unfair labour practice dispute under the LRA.

Essential Labour Law & Compliance Answers