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 an industry, there are circumstances where compliance may place significant financial or operational pressure on a business. A bargaining council [...]
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, South African labour law recognises that disability extends beyond what can be seen. Mental health conditions such as depression, anxiety [...]
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 underperformers like a sports team would. Families forgive; teams compete. Families give you unconditional love; teams expect you to earn [...]
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 v Commission for Conciliation, Mediation and Arbitration and Others (CA18/2024) [2026] ZALAC 15. The judgment provides important guidance regarding workplace [...]
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, but whether dismissal is fair, proportionate, and justified. Too often, employers adopt the view that “stealing is stealing” and insist [...]
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 employers continue to accommodate flexible working arrangements, uncertainty persists about the extent of occupational health and safety obligations in home-based [...]
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 weigh more heavily on employees. For employers, this often coincides with limited financial flexibility, making it difficult to implement salary [...]
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 interpreted as terminating the employment relationship, even where no formal dismissal was intended. Legal Framework Section 188(1) of the Labour [...]
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 were never properly made aware of it, enforcement becomes significantly more difficult. The Core Principle In any disciplinary enquiry or [...]
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 past disciplinary outcomes is justified, particularly when misconduct is serious or distinguishable. The Facts In Buthelezi and Others v Rand [...]