Thato Makoaba

Associate

Thato Makoaba is an Associate in our Employment Law practice.

+27 (0)11 562 1659

thato.makoaba@cdhlegal.comJohannesburg

About Thato

Thato joined Cliffe Dekker Hofmeyr as a Candidate Attorney in 2022 and was promoted to an Associate in 2024.

Areas of expertise

Employment Law

Experience

Thato has experience in Labour Court and High Court litigation which includes the drafting of pleadings in trial and application proceedings. Thato also has experience in CCMA and Bargaining Council disputes.
Thato has chaired disciplinary enquiries on behalf of clients.
Thato has also assisted clients with various other employment related matters, including drafting and reviewing employment contracts and workplace policies, business restructuring, workplace investigations and disciplinary processes.

Credentials

Education

Registered with the Legal Practice Council
BA (Law), LLB; University of Witwatersrand
Year of admission as an attorney: 2024

Memberships

Pension Lawyers Association (PLA)

LANGUAGES

English

News

Employment Law

Labour Appeal Court confirms enforceability of restraints following dismissal

In our alert titled “ Does the dismissal of an employee affect a restraint of trade? ” dated 7 April 2025, we considered the Labour Court’s decision in Backsports (Pty) Ltd v Motlhanke...

Employment Law

Labour inspectors’ reach extended to oversight of contributions payable to benefit funds regulated under the Pension Fund Act

Section 34A of the Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates the timing of payments by employers to employee benefit funds, including retirement, medical aid andotherfunds.

Employment Law

Year‑end bonuses: What employers need to know

As the year draws to a close, questions around year-end bonuses arise. In South Africa, the law does not prescribe a general legal obligation on employers to pay a bonus. As always,...

Employment Law

Looking busy, but not productive: the cost of clock botching in the workplace

Thato Makoaba, Associate in the Employment Law practice, recently joined Uveka Rangappa on eNCA to discuss Looking busy, but not productive: the cost of clock botching in the workplace.

Employment Law

Labour Appeal Court finds that security remains valid despite a review being archived

In CEPPWAWU obo Tabata v Aspen Pharmacare Ltd (PA17/2024) ZALAC 43 (24 July 2025), the Labour Appeal Court (LAC) confirmed that the archiving of a review does not strip the security...

Employment Law

Labour Appeal Court recognises material error of law as a standalone ground for review

In a significant judgment, the Labour Appeal Court (LAC) in NBCRFLI v Intermodal Cargo Solutions (Pty) Ltd 46 ILJ 1679 (LAC) confirmed that a material error of law by an arbitrator...

Employment Law

What you need to know about the Fair Pay Bill

The Fair Pay Bill (Bill) was proposed by the political party Build One SA (BOSA) in June 2025. The Bill aims to amend the Employment Equity Act 55 of 1998 (EEA) by introducing a prohibition...

Employment Law

Should a sick note from a traditional healer be recognised at work

Thato Makoaba, Associate in the Employment Law practice, recently joined Asanda Beda on Channel Africa to discuss 'Should a sick note from a traditional healer be recognised at work?'

Employment Law

Lock-out legitimised: The legality of lock-outs in negotiating employee benefits

In the recent case of South African Commercial Catering and Allied Workers Union (SACCAWU) obo Members v Phala N.O and Others 2 BLLR 176 (LAC) the Labour Appeal Court (LAC) confirmed...

Employment Law

A new era for traditional healers: A step towards formalisation and regulation

In a significant step towards formalising the practice of traditional healing in South Africa, the Traditional Health Professional Regulations, 2024 (Regulations) were published in...

Employment Law

Beyond status: Parameters of section 198D of the LRA, and competent relief for current and former employees

Section 198D of the Labour Relations Act 66 of 1995 (LRA) contains general provisions applicable to sections 198A to 198C, and vests the Commission for Conciliation, Mediation and...

Employment Law

Is any agreement capable of enforcement under the Labour Relations Act?

Under section 158(1)(c) of the Labour Relations Act 66 of 1995 (LRA), the Labour Court has jurisdiction to, inter alia , make an arbitration award or any settlement agreement an order...

Employment Law

Automatically unfair dismissal for refusing to take the COVID-19 vaccine? The Labour Court’s first decision

The law regarding automatically unfair dismissals is trite and has been tested by our courts on various occasions. Recently, however, in the case of Burton Maasdorp v University of...

Corporate Debt, Turnaround & Restructuring

Love all, trust a few – trust issues lead to no resolution

Section 129 of the Companies Act 71 of 2008 (the Act) provides for the process of commencing voluntary business rescue proceedings and placing a financially distressed company under...

All articles by Thato

Employment Law

Labour Appeal Court confirms enforceability of restraints following dismissal

In our alert titled “ Does the dismissal of an employee affect a restraint of trade? ” dated 7 April 2025, we considered the Labour Court’s decision in Backsports (Pty) Ltd v Motlhanke...

Employment Law

Labour inspectors’ reach extended to oversight of contributions payable to benefit funds regulated under the Pension Fund Act

Section 34A of the Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates the timing of payments by employers to employee benefit funds, including retirement, medical aid andotherfunds.

Employment Law

Year‑end bonuses: What employers need to know

As the year draws to a close, questions around year-end bonuses arise. In South Africa, the law does not prescribe a general legal obligation on employers to pay a bonus. As always,...

Employment Law

Labour Appeal Court finds that security remains valid despite a review being archived

In CEPPWAWU obo Tabata v Aspen Pharmacare Ltd (PA17/2024) ZALAC 43 (24 July 2025), the Labour Appeal Court (LAC) confirmed that the archiving of a review does not strip the security...

Employment Law

Labour Appeal Court recognises material error of law as a standalone ground for review

In a significant judgment, the Labour Appeal Court (LAC) in NBCRFLI v Intermodal Cargo Solutions (Pty) Ltd 46 ILJ 1679 (LAC) confirmed that a material error of law by an arbitrator...

Employment Law

What you need to know about the Fair Pay Bill

The Fair Pay Bill (Bill) was proposed by the political party Build One SA (BOSA) in June 2025. The Bill aims to amend the Employment Equity Act 55 of 1998 (EEA) by introducing a prohibition...

Employment Law

Lock-out legitimised: The legality of lock-outs in negotiating employee benefits

In the recent case of South African Commercial Catering and Allied Workers Union (SACCAWU) obo Members v Phala N.O and Others 2 BLLR 176 (LAC) the Labour Appeal Court (LAC) confirmed...

Employment Law

A new era for traditional healers: A step towards formalisation and regulation

In a significant step towards formalising the practice of traditional healing in South Africa, the Traditional Health Professional Regulations, 2024 (Regulations) were published in...

Employment Law

Beyond status: Parameters of section 198D of the LRA, and competent relief for current and former employees

Section 198D of the Labour Relations Act 66 of 1995 (LRA) contains general provisions applicable to sections 198A to 198C, and vests the Commission for Conciliation, Mediation and...

Employment Law

Is any agreement capable of enforcement under the Labour Relations Act?

Under section 158(1)(c) of the Labour Relations Act 66 of 1995 (LRA), the Labour Court has jurisdiction to, inter alia , make an arbitration award or any settlement agreement an order...

Employment Law

Automatically unfair dismissal for refusing to take the COVID-19 vaccine? The Labour Court’s first decision

The law regarding automatically unfair dismissals is trite and has been tested by our courts on various occasions. Recently, however, in the case of Burton Maasdorp v University of...

Corporate Debt, Turnaround & Restructuring

Love all, trust a few – trust issues lead to no resolution

Section 129 of the Companies Act 71 of 2008 (the Act) provides for the process of commencing voluntary business rescue proceedings and placing a financially distressed company under...

All articles by Thato

Employment Law

Looking busy, but not productive: the cost of clock botching in the workplace

Thato Makoaba, Associate in the Employment Law practice, recently joined Uveka Rangappa on eNCA to discuss Looking busy, but not productive: the cost of clock botching in the workplace.

All videos by Thato

Employment Law

Should a sick note from a traditional healer be recognised at work

Thato Makoaba, Associate in the Employment Law practice, recently joined Asanda Beda on Channel Africa to discuss 'Should a sick note from a traditional healer be recognised at work?'

All podcasts by Thato

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