The Labour Relations Act (LRA), read together with the Code of Good Practice (2025), establishes that dismissal is an appropriate sanction when an employee’s conduct amounts to gross misconduct. While the LRA does not list every type of dismissible offence, it makes clear that the seriousness and intent behind the misconduct are key factors in [...]
Harassment in the workplace is a serious issue affecting dignity, safety, and equality. The Code of Good Practice under the Employment Equity Act provides guidance to employers on preventing and responding to harassment of any kind. By Joanie Prinsloo Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)
Disputes concerning claims of unequal treatment within non-standard employment relationships often arise under Sections 198A–C of the Labour Relations Act (LRA), with Section 198D providing the procedural framework for resolving disputes. This necessitates a better understanding of the types of non-standard employment relationships as regulated. Temporary Employment Services (TES) – Section 198A of the LRA [...]
Mutual interest disputes arise when employees (or unions) demand benefits or rights they aren’t legally entitled to, such as wage increases or improved working conditions. These disputes don’t involve legal breaches but rather negotiation over new terms, often leading to strikes or lockouts if not resolved. By Lauren Moodaley Dispute Resolution Official at Consolidated Employers Organisation [...]
Disputes over unfair disciplinary action or suspension often arise when employers impose sanctions without following fair procedures. Section 186(2)(b) of the Labour Relations Act defines such practices as unfair labour practices when they occur without valid reasons, consistency, or due process. By Keotshepile Kodisang Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)
Productivity advice often falls flat because it assumes we’re machines. “Work harder. Focus more. Push through.” But real life, and real workplaces, don’t work that way. We juggle competing demands, unexpected interruptions, and the very human tendency to put things off. And we’re not alone in that struggle. According to a 2010 study by Dr [...]
Poor work performance is a form of incapacity and must be dealt with fairly and systematically under South African labour law. The Code of Good Practice in Schedule 8 of the Labour Relations Act sets out clear expectations for employers when addressing performance-related issues. This infographic outlines the legal framework, required procedures, and best practices [...]
On 3 October 2025, the Constitutional Court of South Africa handed down a precedent judgment in Van Wyk and Others v Minister of Employment and Labour and Others (CCT 308/23) [2025] ZACC 20, reshaping how parental leave is understood, implemented, and shared in the workplace. The Court declared that specific provisions of the Basic Conditions [...]
Suspension is a precautionary or disciplinary measure used by employers to remove an employee from the workplace temporarily under specific circumstances. It must be applied fairly, lawfully, and with due process to avoid disputes. This infographic highlights when suspension is appropriate, what questions employers should ask, and the correct process to follow to ensure procedural [...]
Receiving an employee’s resignation may appear to signal the end of an employment relationship; however, this may only be the calm before the storm - a case later referred as a constructive dismissal. In a conventional dismissal, it is the employer who puts an end to the contract of employment by dismissing the employee. Conversely, [...]