Employment contracts often include clauses aimed at protecting employers when employees resign without notice, including provisions to withhold certain payments. However, these clauses do not operate in isolation from the Basic Conditions of Employment Act (BCEA). This infographic explores the limits of contractual freedom in employment relationships and clarifies when statutory obligations override contractual terms. [...]
Many businesses operate without real clarity on whether they fall under a specific Bargaining Council, often only becoming aware when compliance action begins. Demarcation disputes provide a formal legal mechanism to determine jurisdiction and sector applicability. This infographic explains what demarcation is, how the process works, and why it can significantly impact an employer’s obligations [...]
Many employees believe that untaken annual leave automatically accumulates and will result in a substantial payout when employment ends. However, the BCEA takes a different approach. This infographic explores how annual leave accrues, when it must be taken, and what the Labour Court has confirmed about forfeited leave and leave pay upon termination of employment. [...]
When retrenchment becomes unavoidable, selecting employees for dismissal is one of the most scrutinised aspects of the process. While LIFO is widely understood, bumping remains a less familiar but important consideration. This infographic explores the difference between horizontal and vertical bumping and what employers need to know to ensure a fair and legally defensible process. [...]
Understanding the legal framework, disciplinary options, and key distinctions when employees are absent without leave.
Understanding the regulatory standards of fairness in non-standard employment relationships as outlined in Sections 198A–D of the Labour Relations Act. By Takayedza Moyo Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)
Hiring the right person can significantly influence an organisation's success. While recruitment practices have evolved over time, the interview remains one of the most important tools for assessing candidates. Modern interview processes are increasingly structured, objective, and tailored to organisational needs. By Daniel van der Merwe National Collective Bargaining Coordinator at Consolidated Employers Organisation (CEO [...]
Balancing religious accommodation with operational requirements can be a challenging task for employers. The Labour Appeal Court’s decision in Sun International Management Ltd v Sayiti provides important guidance on where the duty to accommodate ends and where legitimate business requirements begin. By Tammy Koekemoer | Dispute Resolution Official (CEO SA) & Wesley Field | Provincial Manager at [...]
The Labour Court has confirmed that procedural fairness is about substance, not box-ticking. Employers are expected to act fairly and transparently, not to achieve procedural perfection. This infographic unpacks the Labour Court’s guidance in SAMWU obo Mvinjelwa v City of Tshwane Metropolitan Municipality & Others. By Carl Ranger Head of Training at Consolidated Employers Organisation [...]
Sick leave abuse remains one of the most common and disruptive workplace challenges. While the Basic Conditions of Employment Act (BCEA) protects employees who are genuinely ill or injured, it also provides employers with clear rights to manage, investigate, and address abuse. Understanding the statutory framework is the first step in dealing with the issue [...]