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 a demarcation dispute entails and how such a dispute is handled. This is important because a demarcation dispute differs significantly [...]
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 v City of Tshwane Metropolitan Municipality & Others (JR1131/2017) [2025] ZALCJHB 476, the Court provided timely clarity: fairness must be [...]
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 duty on employers to maintain a safe and healthy working environment, which prohibits employees from being under the influence of [...]
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 every type of dismissible offence, it makes clear that the seriousness and intent behind the misconduct are key factors in [...]
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 understanding of the types of non-standard employment relationships as regulated. Temporary Employment Services (TES) – Section 198A of the LRA [...]
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 human tendency to put things off. And we’re not alone in that struggle. According to a 2010 study by Dr [...]
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 parental leave is understood, implemented, and shared in the workplace. The Court declared that specific provisions of the Basic Conditions [...]
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 conventional dismissal, it is the employer who puts an end to the contract of employment by dismissing the employee. Conversely, [...]
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 how small, always grounds for dismissal? The Labour Court recently weighed in on these questions in JDG (Pty) Ltd t/a [...]
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 small businesses. The purpose of the Code is to provide employers with clear, user-friendly guidance on dismissing employees, as well [...]