Substantive fairness is a cornerstone of labour law in South Africa, particularly as outlined in Schedule 8 of the Labour Relations Act (LRA). This concept ensures that dismissals, whether for misconduct, incapacity, or operational requirements, are not only procedurally correct but also substantively justifiable. Here's a closer look at the principles and their practical implications, supported [...]
Unilateral changes to the terms and conditions of employment can significantly impact the employer-employee relationship. Section 64 of the Labour Relations Act (LRA) outlines the procedures and protections for employees against such changes. This infographic summarises the legislative framework governing unilateral changes, the processes for dispute resolution, and the potential remedies available to affected employees. [...]
The modern workplace has undoubtedly and significantly evolved in recent years and so have the corresponding recruitment processes and practices to align with contemporary needs. Despite this continuous development and evolution, one aspect of the recruitment process has stood the test of time – the interview process. An important starting point of any hiring process [...]
Retirement has traditionally been viewed as a well-earned break from the daily demands of work; however, delaying retirement can lead to significant legal and financial consequences. This is evident in the recent Constitutional Court case, MISA and Another v Great South Autobody CC t/a Great South Panelbeaters; Solidarity obo Strydom and Others v SITA SOC [...]
Workplace forums play an important role in enhancing communication and collaboration between employees and employers. They provide a platform for employees to engage in discussions on key workplace matters, fostering better decision-making and promoting a positive work environment. This infographic outlines the essential steps involved in establishing a workplace forum, ensuring that the process is [...]
A rescission application allows a party to challenge an arbitration award or ruling under specific circumstances outlined in Section 144 of the Labour Relations Act (LRA). This infographic explains the grounds for rescission, the application process, and key CCMA rules governing variations and rescissions. It also highlights the difference between rescission and review applications, clarifying [...]
Employee engagement isn’t just a buzzword; it’s the heartbeat of a thriving workplace. Yet, despite countless initiatives and mandatory engagement, many businesses still struggle to keep employees motivated and fulfilled. Why? Because engagement isn’t about perks, pay raises, or pizza Fridays. Sure, those things are nice too, but it’s about something deeper: Purpose, Recognition, and [...]
For most employers, workplace misconduct is easy to identify - fraud, theft, gross insubordination, etc. But what about an employee who spends hours scrolling through social media, taking extended smoke breaks, or running personal errands during company time? Time theft is a growing concern in the workplace, yet many employers struggle to determine when it [...]
Constructive dismissal occurs when an employee resigns due to unbearable working conditions created by the employer. Under Section 186(1)(e) of the Labour Relations Act (LRA), an employee must prove that their resignation was a last resort, and that the employer was culpable for making continued employment intolerable. This infographic outlines the legal test, the employee’s [...]
Schedule 8 of the Labour Relations Act (LRA) serves as an important guideline for fair dismissals in South Africa, ensuring both procedural and substantive fairness. It helps employers maintain fair disciplinary and dismissal practices while protecting employees from arbitrary terminations. The CCMA relies on these guidelines to assess unfair dismissal claims and enforce equitable labour [...]