Probation Is Not a Free Pass

Introduction Many employers assume probation is a “trial period” where employment can be terminated with minimal procedure. That assumption is incorrect. During probation, dismissal must still meet the basic fairness standards set out in Schedule [...]

Investigation First, Discipline Second

One of the most overlooked, yet critical stages of any disciplinary process is the investigation. Too often, employers rush to issue charges before properly gathering and preserving evidence. When this happens, the disciplinary process is [...]

When Belief Meets Business

South Africa is a diverse country with a rich blend of cultural and religious beliefs, all of which are protected by the Constitution. These beliefs inevitably manifest in the workplace, often through employees, at times [...]

When a Default Award Isn’t the End

Few moments are more unsettling for an employer than discovering a CCMA or Bargaining Council award issued in their absence. The instinctive reaction is often panic, followed by a hurried question: Can this be rescinded? [...]

Where’s the “Quid”?

December 18th, 2025|

The use of mutual settlement or separation agreements to end employment relationships in South Africa is increasingly common, especially where there are disputes, strained relationships, or impending retrenchments. On paper, these agreements enable a “clean [...]

A Year of Gratitude

December 17th, 2025|

As we reflect on the year that draws to a close, one word continues to surface above all else: gratitude. Gratitude for the privilege of remaining viable in a demanding economic climate, for the ability [...]

When the Office Goes Off-Site

December 5th, 2025|

Understanding that the workplace extends beyond the office The month of December is the bedrock of South Africa’s festive season, and most year-end functions are the highlight of the corporate social calendar before companies close [...]

When Fairness Meets Firmness

November 21st, 2025|

How far must an employer go to ensure procedural fairness? That question has long haunted disciplinary proceedings, especially when the accused employee is a shop steward. In a recent Labour Court decision, SAMWU obo Mvinjelwa [...]

When Misconduct Becomes “Gross”

November 7th, 2025|

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 [...]