Infographic: Structure of Trade Unions
A trade union is a legally registered organisation of workers formed to promote and protect their workplace rights. Governed by the Labour Relations Act (LRA), trade unions play a key role in collective bargaining, dispute resolution, representation, and labour advocacy. By Ernest Masupye Senior Collective Bargaining Co-ordinator at Consolidated Employers Organisation (CEO SA)
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 a demarcation dispute entails and how such a dispute is handled. This is important because a demarcation dispute differs significantly [...]
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 v City of Tshwane Metropolitan Municipality & Others (JR1131/2017) [2025] ZALCJHB 476, the Court provided timely clarity: fairness must be [...]
Infographic: Unfair Dismissal based on Operational Requirements
A dismissal based on operational requirements, commonly known as retrenchment, occurs when an employee is let go due to the employer’s economic, structural, or technological needs. This is a no-fault process, meaning it’s not related to the employee’s performance or conduct. The process is governed by Section 189 of the Labour Relations Act 66 of [...]
Infographic: Unfair Dismissal Disputes Relating to Fixed-Term Contracts in terms of Section 198B
Fixed-term contracts are intended for temporary employment. However, when these contracts are misused or repeatedly renewed, disputes may arise – especially if employees believe they should have been retained permanently. Section 198B of the LRA regulates these contracts to prevent abuse and protect employees from unfair dismissal. By Lee-Ann Venter Dispute Resolution Official
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 duty on employers to maintain a safe and healthy working environment, which prohibits employees from being under the influence of [...]
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 every type of dismissible offence, it makes clear that the seriousness and intent behind the misconduct are key factors in [...]
Infographic: Code of Good Practice (Prevention and Elimination of Harassment in the Workplace)
Harassment in the workplace is a serious issue affecting dignity, safety, and equality. The Code of Good Practice under the Employment Equity Act provides guidance to employers on preventing and responding to harassment of any kind. By Joanie Prinsloo Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)
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 understanding of the types of non-standard employment relationships as regulated. Temporary Employment Services (TES) – Section 198A of the LRA [...]
Infographic: Mutual Interest Disputes
Mutual interest disputes arise when employees (or unions) demand benefits or rights they aren’t legally entitled to, such as wage increases or improved working conditions. These disputes don’t involve legal breaches but rather negotiation over new terms, often leading to strikes or lockouts if not resolved. By Lauren Moodaley Dispute Resolution Official at Consolidated Employers Organisation [...]
Infographic: Unfair Labour Practice Disputes relating to Unfair Disciplinary Action/Suspension
Disputes over unfair disciplinary action or suspension often arise when employers impose sanctions without following fair procedures. Section 186(2)(b) of the Labour Relations Act defines such practices as unfair labour practices when they occur without valid reasons, consistency, or due process. By Keotshepile Kodisang Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)
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 human tendency to put things off. And we’re not alone in that struggle. According to a 2010 study by Dr [...]
Infographic: Poor Work Performance
Poor work performance is a form of incapacity and must be dealt with fairly and systematically under South African labour law. The Code of Good Practice in Schedule 8 of the Labour Relations Act sets out clear expectations for employers when addressing performance-related issues. This infographic outlines the legal framework, required procedures, and best practices [...]
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 parental leave is understood, implemented, and shared in the workplace. The Court declared that specific provisions of the Basic Conditions [...]
Infographic: Suspension
Suspension is a precautionary or disciplinary measure used by employers to remove an employee from the workplace temporarily under specific circumstances. It must be applied fairly, lawfully, and with due process to avoid disputes. This infographic highlights when suspension is appropriate, what questions employers should ask, and the correct process to follow to ensure procedural [...]
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 conventional dismissal, it is the employer who puts an end to the contract of employment by dismissing the employee. Conversely, [...]
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 how small, always grounds for dismissal? The Labour Court recently weighed in on these questions in JDG (Pty) Ltd t/a [...]
Infographic: Probationary Dismissal
Dismissing an employee during or at the end of a probationary period is a sensitive matter requiring compliance with legal and procedural standards. Probation is not a loophole to bypass fair labour practices. This infographic outlines the legal framework, performance management expectations, employer obligations, and dispute resolution process relating to probationary dismissals under South African [...]
Infographic: Sectoral Determination
Sectoral Determinations are a cornerstone of South Africa’s labour law framework. Issued by the Minister of Employment and Labour, these legally binding determinations set minimum employment standards such as wages and working hours for specific sectors of the economy. This infographic breaks down the legal basis, impact, and processes relating to sectoral determinations, including how [...]
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 small businesses. The purpose of the Code is to provide employers with clear, user-friendly guidance on dismissing employees, as well [...]
Infographic: Facilitation Process
Facilitation is a structured process used during large-scale retrenchments, where an independent Commissioner assists employers and employees in reaching a consensus over proposed dismissals. Governed by Section 189A of the Labour Relations Act, this mechanism ensures transparency, fairness, and meaningful consultation before any terminations take place. The infographic below provides a step-by-step overview of how [...]
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 parties sign and file these pre-arbitration minutes, it is ordinarily accepted that parties may not deviate from this agreement. There [...]
ON THE BEAT! – DANIELLE BARKHUIZEN
“Dance like nobody’s watching,” William W. Purkey said. Danielle Barkhuizen does - then turns the lights up, cues the chorus, and gets everyone else moving too. The daughter of a pastor and a dance instructor, she learned early that life has a rhythm and community has a pulse. Afternoons slid straight from school to studio; [...]
Infographic: Disputes Relating to Freedom of Association
Freedom of association is a foundational right in South African labour law, empowering employees to join unions and workplace forums without fear of discrimination or retaliation. Protected by the Constitution and the Labour Relations Act, this right is essential for fair labour practices. This infographic outlines what freedom of association entails, how disputes may arise, [...]
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 require employee to operate machinery or motor vehicles when exercising their duties Employers sometimes unknowingly or mistakenly fail to follow [...]