Where Does My Business Belong – Demarcation May Hold the Answer
Demarcation is not a term commonly heard in everyday conversation, yet it can be beneficial to businesses if it applies to them. The purpose of this article is to provide a simple understanding of what [...]
When Fairness Meets Firmness
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 [...]
The Truth about Alcohol Testing in the Workplace
In South Africa, the use of alcohol and the right to a safe working environment are regulated in terms of the Occupational Health and Safety Act 85 of 1993 (OHSA). This Act places a significant [...]
When Misconduct Becomes “Gross”
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 [...]
Equal Work, Lawful Differences
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 [...]
Build the Habit, Eat the Frog, Embrace the Delay
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 [...]
Shared Parenthood, Shared Dignity
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 [...]
Throwing in the Towel In Tolerable Circumstances
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 [...]
Trust on Trial
Few workplace issues test the employment relationship more than dishonesty. Employers often ask: Does the value of what was taken matter? Should a long, clean service record save an employee? Or is dishonesty, no matter [...]
The New Code Brings Relief to Small Businesses
On 4 September 2025, the Code of Good Practice: Dismissal (Schedule 8 of the Labour Relations Act) was published in the Government Gazette, which brought about significant amendments to the previous schedule, particularly relating to [...]
Pre-Arbitration Minutes: Lessons from Alexkor Ltd v Mervyn Carstens
At its very nature, concluded pre-arbitration minutes are signed agreements. They are beneficial in the arbitration process as they clarify issues in dispute, set crucial deadlines, encourage efficiency and transparency and assist the commissioner. Once [...]
The Legality of Linking Tools of Trade to Employment
It is a common occurrence that employers send employees home when tools of trade are no longer available. It is often seen across all industries within the labour sector, but more specifically in workplaces which [...]
Risky Business
The recent judgment in the matter of Mediclinic Nelspruit (Pty) Ltd v Shiba and Others (JR1899/21) [2025] ZALCJHB 218 (9 June 2025) serves as a stark reminder of how problematic workplace relationships can become for [...]
The Value of Alignment: Job Profile Check-Ins
With spring in the air and the birds beginning to chirp once more, it comes as a stark reminder that the end of the year is drawing close and will be upon us before we [...]
I Didn’t Sign My Contract – Does That Matter
In South African labour law, few phrases are thrown around with as much misplaced confidence as: “He never signed a contract, so he’s just a casual.” It’s a common misconception and one that continues to [...]
Office Without Walls: The Trust Economy
The world didn’t just change in 2020. It accelerated. When COVID-19 forced offices to shut their doors, we entered what felt like a massive global experiment: Could work still work… without the workplace? For many, [...]
Performance Improvement Measures
Effective management of underperforming employees is crucial for maintaining organisational productivity, morale, and a positive work environment. Employee performance issues can stem from various factors, including lack of skills, unclear expectations, personal challenges, or disengagement. [...]
Crossing the Line
In South Africa’s labour dispute resolution framework, the Commission for Conciliation, Mediation and Arbitration (CCMA) and the various accredited Bargaining Councils function as quasi-judicial forums mandated to resolve workplace disputes. In both settings, Commissioners are [...]