Why SA’s high earners may soon lose the right to reclaim their jobs

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At the centre is the Labour Law Amendment Bill 2026, which includes a provision that could significantly alter how unfair dismissals are handled for high-income earners.

The proposal introduces an earnings threshold of approximately R1.8m per year. Employees above this level may no longer qualify for reinstatement as a remedy if they are found to have been unfairly dismissed. Instead, compensation may become the primary outcome.

In practical terms, this means that even where a dismissal is ruled unfair, a senior employee may not be able to return to their position and may not receive more than R1.8m compensation for an unfair dismissal.

This raises an important question: Are we moving toward a two-tier labour system?

A significant shift in approach

For decades, South African labour law has been built on the idea that all employees are entitled to protection against unfair dismissal, regardless of seniority or salary.

Reinstatement has traditionally been the preferred remedy, with compensation used only in limited circumstances.

The proposed reform marks a shift in this approach. It recognises that, at higher income and leadership levels, restoring the employment relationship may not always be appropriate or practical.

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The case for change: Business practicality

Supporters of the proposal argue that the change reflects the realities of senior employment.

Executive roles are often closely tied to trust, strategic alignment, and leadership cohesion. When that relationship breaks down, returning an individual to the same position can be disruptive to the organisation and, in some cases, unworkable.

From this perspective, financial compensation is viewed as a more suitable remedy in these situations.

At senior level, the employment relationship is fundamentally different. Reinstatement is not always practical, particularly where trust has broken down. The law is beginning to recognise this reality.

The risk: A two-tier system

However, the proposal has also raised concerns about fairness.

Linking labour protections to income levels introduces the possibility that employees may not be treated equally under the law.

This leads to important questions:

• Does a higher salary justify reduced legal protection?
  
• Could this make it easier to remove senior employees without meaningful consequence?
  
• What precedent does this set for the broader workforce over time?

There is also a longer-term consideration. While the current proposal applies to high earners, thresholds and definitions can evolve.

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A broader policy shift

This development forms part of a wider effort to recalibrate South Africa’s labour framework.

Policymakers are increasingly trying to balance three competing priorities:

• protecting employees
  
• enabling business flexibility
  
• supporting economic growth and job creation

Achieving this balance is complex, and each adjustment carries trade-offs.

The challenge is finding the right balance. Labour law must protect employees, but it must also allow businesses to operate effectively.

If that balance is not carefully managed, there can be unintended consequences.

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What this means in practice

If implemented, the proposal will require both employers and executives to adapt.

Employers should consider:

• reviewing executive contracts and termination clauses
  
• reassessing dispute and risk management strategies
  
• preparing for changes in how unfair dismissal cases are approached

Executives may need to:

• negotiate stronger contractual protections
  
• place greater focus on exit terms and severance provisions
  
• understand how their legal remedies may differ from those of other employees

A debate that will continue

The proposal remains part of an ongoing reform process, and public engagement will be important.

This is not only a legal issue. It speaks to how fairness, accountability, and practicality are defined in the modern workplace.

The key question is whether the proposed changes strike the right balance between protecting individuals and enabling organisations to function effectively.