Dismissals based on ill-health or incapacity present some of the most sensitive challenges in employment law. Unlike misconduct dismissals, incapacity cases are not concerned with employee fault, but rather with whether the employee remains capable of performing the inherent requirements of the job and whether the employer has taken reasonable steps to accommodate the employee […]
One of the hardest lessons employers learn about labour disputes is that being right does not always mean winning. Many employers arrive at arbitration convinced that justice will prevail because misconduct clearly occurred, the employee admitted wrongdoing, or the workplace rule was obvious. Yet arbitration awards do not always reflect those expectations. This is not […]
Incapacity Dismissals: Why Dismissal Must Always Be the Last Resort
Dismissals based on ill-health or incapacity present some of the most sensitive challenges in employment law. Unlike misconduct dismissals, incapacity cases are not concerned with employee fault, but rather with whether the employee remains capable [...]
Winning Isn’t Always Being Right
One of the hardest lessons employers learn about labour disputes is that being right does not always mean winning. Many employers arrive at arbitration convinced that justice will prevail because misconduct clearly occurred, the employee [...]
Constructive Dismissal Revisited
Constructive dismissal remains one of the most difficult dismissal disputes for employees to prove successfully. This position was recently reaffirmed by the Constitutional Court in Maleka v Boyce N.O. and Others (CCT 175/23) [2026] ZACC [...]
Mutual Separation Agreements: Ending Employment by Consent
A mutual separation agreement allows an employer and employee to end the employment relationship by mutual consent rather than through dismissal or resignation. These agreements are often used where the employment relationship has irretrievably broken [...]
Employing Foreign Nationals in South Africa
South Africa's labour market remains under significant strain, with unemployment levels among the highest globally and economic growth remaining sluggish. In this environment, employment practices have increasingly come under public scrutiny, particularly regarding the employment [...]
Seeking Relief: Understanding Bargaining Council Exemptions
Collective agreements concluded within bargaining councils establish industry-wide standards relating to wages, benefits, working hours, leave provisions, and other terms and conditions of employment. While these agreements are designed to promote fairness and consistency across [...]
The Disability Employers Often Overlook
What if your employment equity reports are incomplete? What if your organisation already employs persons with disabilities, yet your workforce analysis suggests otherwise? For many employers, disability remains associated with visible and physical impairments. However, [...]
We’re Not a Family. We’re a Team (And That’s a Good Thing)
What Netflix’s Culture Teaches Us About Performance, Trust, and the Price of Excellence Every company loves to say, “We’re like a family.” It sounds warm, human, and safe. But let’s be honest, families don’t cut [...]
Does Calling Someone a Racist Amount to Racist Conduct
This article examines whether an employer may dismiss an employee merely for referring to another person as a racist. It further analyses the key lessons arising from Commercial Stevedoring Agricultural Allied Workers Union obo Qomoyi [...]
Petty Misconduct, Serious Consequences
A key issue in misconduct matters is distinguishing between mere wrongdoing and conduct that warrants dismissal. This distinction becomes especially important in cases involving petty misconduct, where the real question is not whether misconduct occurred, [...]
Ergonomics Beyond the Office
Labour-law frameworks were historically developed around conventional office-based employment structures. However, workplace arrangements have increasingly shifted toward hybrid and remote models, accelerated by the COVID-19 pandemic and reinforced by rising fuel and commuting costs. As [...]
Motivation Beyond Pay: Practical Employer Led Initiatives to Sustain Engagement Mid Year
As the year progresses into its midpoint, many workplaces experience a natural dip in energy and motivation. Public holidays have passed, winter is setting in, and economic pressures, particularly rising household costs, are beginning to [...]
When Communication Becomes Termination
Workplace communication is often informal, fast, and reactive. However, what may seem like a passing comment or instruction can carry serious legal consequences. In many instances, everyday language used by employers or managers can be [...]
A Rule on Paper Is Not Enough
One of the most common mistakes employers make in disciplinary matters is assuming that the existence of a rule is enough. It is not. A policy may be well drafted and reasonable, but if employees [...]
Consistency vs Serious Misconduct: When the Parity Principle Won’t Save You
Employers are often required to apply discipline consistently. This principle, commonly referred to as the parity principle, is an important element of fairness. However, consistency is not absolute. There are circumstances in which deviation from [...]
Built Under Pressure
In the workplace, we speak fluently about skills such as technical competence, emotional intelligence, adaptability, and leadership. Yet beneath all of these sits a trait so fundamental that it is often overlooked precisely because it [...]
Equal Pay for Work: Does a differentiation in pay always amount to unfair discrimination?
It is well established within the Employment Equity Act (EEA) that employees should not be unfairly discriminated against within the employment relationship. However, an important question arises: does the EEA apply in a blanket manner [...]
Zero-Tolerance Alcohol Policies: Why a Positive Test Alone Is Not Enough
Introduction This article considers the Labour Court of South Africa judgment in CIPLA v Mwale & Others (C424/24) [2026] ZALCCT 22 (“Mwale”). The case addresses the fairness of dismissals arising from the enforcement of zero-tolerance [...]