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 7. While the majority judgment confirmed the long-established legal principles governing constructive dismissal, the minority judgment attracted significant attention for […]
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 down, and both parties wish to separate on agreed terms. While they can provide an efficient and amicable resolution, mutual […]
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 [...]
Is Consultation and Public Participation Enough – Labour Law Amendment Bill
Introduction Labour relations in South Africa have always been dynamic. This is driven by the modernisation of workplaces, evolving economic realities, social pressures, and changing interpretations of legislation. Recent developments, including proposed amendments to the [...]
Insolence vs Insubordination: Why the Distinction Matters for Employers
Insolence and insubordination often appear together in workplace disciplinary matters, but they are not the same offence. Insolence generally refers to rude, disrespectful, or contemptuous behaviour towards an employer or manager. Insubordination, by contrast, involves [...]
Compliance Is Not Capability
In a world of constant regulatory change, economic pressure, and shifting workplace dynamics, South African employers operate under sustained strain. Labour compliance has become more complex, disputes more frequent, and employee relations more nuanced. Yet [...]
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 [...]
The True Nature of a Dispute: Substance Over Labels
Conciliation is intended to be a flexible, problem-solving process rather than a technical exercise bound by rigid classifications. Yet many employers mistakenly assume that once an employee describes a dispute in a referral form, the [...]
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 [...]
Managing Labour Costs in a Regulated Centralised Bargaining Environment
Managing labour costs in a Bargaining Council environment requires employers to look beyond the basic wage. Labour costs are made up of multiple components, including annual wage increases prescribed by main collective agreements, overtime and [...]
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? [...]
Annual Leave Under the BCEA: What Employers Must Grant and What They Must Pay
Annual leave remains one of the most frequently misunderstood areas of South African employment law. While most employers are aware that employees are entitled to paid annual leave, disputes often arise around how leave accrues, [...]