Infographic: Poor Work Performance
Poor work performance is not a disciplinary issue but a form of incapacity that must be managed through a fair and structured process. Employers are required to identify performance gaps, offer support, and allow time for improvement before considering dismissal. Guided by Schedule 8 of the Labour Relations Act, this infographic outlines the key distinctions, [...]
The Hostile Witness
A subpoena is a document issued by the CCMA that compels a witness to testify in an arbitration. The CCMA has established specific rules and procedures governing the issuing of subpoenas, which are outlined in Rule 37 of the CCMA Rules. To obtain a subpoena, the requesting party must complete a 7.16 form, accompanied by [...]
Infographic: Application for Variation
A Variation Application allows a party to request corrections to an arbitration award issued by the CCMA or Bargaining Council under specific, limited circumstances. Governed by Section 144 of the Labour Relations Act (LRA), this process is intended to fix errors, ambiguities, or mutual mistakes in the award, not to challenge the decision itself. This [...]
Wees Vergenoegd | Renette Badenhorst
Some people bring solutions to the table. Renette Badenhorst brings snacks, music, sisterhood, and the red lipstick of resilience. Raised in a warm and noisy Bloemfontein household that overflowed with music, braais, and laughter, Renette is the kind of person who turns any gathering into a memory. Her childhood wasn’t just rich in energy - [...]
Time-Bound Justice: Do labour disputes prescribe?
The Prescription Act may intersect with the Labour Relations Act 66 of 1995 (LRA), particularly whilst scrutinising when a labour dispute arose and when the dispute was referred. Section 16(1) of the Prescription Act provides for prescription periods applicable "to any debt", whilst Section 191(1)(b) of the LRA provides that an unfair dismissal dispute must [...]
The Quiet Advantage | S’bonelo Mposula
In The Introvert Advantage, Marti Olsen Laney writes that introverts are like rechargeable batteries: they need quiet to refuel, reflection to find clarity, and inner conviction to act. That description could easily double as a job spec for S’bonelo Mposula - Dispute Resolution Official by title, quiet powerhouse by nature. S’bonelo’s quietness isn’t a lack [...]
Infographic: Mutual Separation Agreements
Mutual Separation Agreements (MSAs) are written agreements in which both the employer and employee voluntarily agree to end the employment relationship. Unlike a dismissal, an MSA is a contractual arrangement and does not fall under the CCMA or Bargaining Council’s jurisdiction, unless there is evidence of coercion, duress, or misrepresentation. This infographic outlines the essential [...]
Negotiation Forums
Negotiating forums play an important role when it comes to effective collective bargaining within bargaining councils. These forums serve as a vital platform where registered trade unions and employer organisations engage in structured dialogue to negotiate sector-wide agreements. It must be noted that by promoting a process that is representative, inclusive, and transparent, negotiating forums [...]
The Negotiator’s Edge
Let’s face it, every workplace interaction, whether you’re closing a deal, navigating conflict, or simply asking for help, is a negotiation. You may not be talking down a bank robber, but your success often hinges on your ability to influence others. And if Never Split the Difference by Chris Voss teaches us anything, it’s that [...]
Infographic: In Limine Process
The In Limine process allows the CCMA or a party to raise preliminary legal or procedural issues that must be resolved before the main dispute can be heard. These issues, often relating to jurisdiction, representation, or timeframes, are addressed in a dedicated in limine hearing or during scheduled proceedings. This infographic outlines the purpose, procedure, [...]
Infographic: Compliance Orders under Section 69(5) of the BCEA
Compliance Orders are enforcement tools issued by labour inspectors under the Basic Conditions of Employment Act (BCEA) to ensure that employers meet their legal obligations. When a violation of the BCEA is detected, a Compliance Order outlines the steps an employer must take to correct the breach within a specified timeframe. This infographic provides a [...]
Counting the Cost: When Compensation Misses the Mark
In labour disputes involving allegations of unfair dismissal or unfair labour practices, one of the key forms of redress available to an aggrieved employee is compensation. Where reinstatement is not feasible or appropriate, compensation may provide financial relief for the loss suffered. However, the discretion to award compensation is not unlimited. The Labour Relations Act [...]
Infographic: Disputes relating to Collective Bargaining: Refusal to Bargain Disputes
Refusal to bargain is a key issue in collective bargaining disputes. While South African labour law does not impose a duty to bargain, disputes over an employer’s refusal to recognise a union, negotiate on mutual interests, or grant organisational rights can escalate to conciliation, strikes, or legal challenges. This infographic outlines the process, legal framework, [...]
Gone Without a Word: How Employers Should Handle Unauthorised Absences
Few workplace disruptions frustrate employers more than an employee who simply does not show up for duty, particularly when the absence is uncommunicated and unauthorised. These situations are not only inconvenient but also raise important questions about the rights and responsibilities of both parties. It becomes essential for employers to understand the legal framework governing [...]
Infographic: Section 73A BCEA Dispute (NMWA & Other Claims)
Section 73A of the Basic Conditions of Employment Act (BCEA) provides a framework for employees to claim unpaid wages and other related entitlements. This infographic highlights the process for referring a Section 73A dispute, the types of claims employees can make, and key case law that illustrates how these disputes are handled. Understanding these provisions [...]
Employer Responsibilities for Uniforms & Protective Clothing
In the employment context, distinguishing between uniforms and protective clothing is critical, particularly regarding who bears the cost. A recent CCMA arbitration, involving a large chain retailer, highlights the key legal principles employers must be aware of. The obligations around uniforms and protective clothing primarily stem from: Sectoral Determination 9: Wholesale and Retail Sector (Clause [...]
ENDLESS LOVE | FAHEQA ADAM
When your mother lives with renal failure for ten years, you learn more than medical terminology - you learn strength, perseverance, and the quiet dignity of facing each day with purpose. Just as a person with renal failure relies on external support like dialysis to do what the body cannot, Faheqa Adam grew up understanding [...]
Broken Trust
The trust relationship in the context of an employment relationship between an employer and employee is derived through the Common Law of Contract and the fiduciary duty between the parties. Where the conduct of the employee may depart from these standards, it is said that the conduct of the employee would negatively affect the trust [...]
Lessons from Legal Precedents: When Duty Sleeps
The Labour Court in Clicks Retailers (Pty) Ltd v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 (14 March 2023) defines dereliction of duty as a misconduct in which an “employee willfully, wantonly or negligently failed to perform his or her duties, or performed them in a culpably inefficient manner”. For an employer to establish [...]
Infographic: Substantive Fairness in Incapacity and Poor Work Performance Cases
Substantive fairness is a cornerstone of labour law in South Africa, particularly as outlined in Schedule 8 of the Labour Relations Act (LRA). This concept ensures that dismissals, whether for misconduct, incapacity, or operational requirements, are not only procedurally correct but also substantively justifiable. Here's a closer look at the principles and their practical implications, supported [...]
Infographic: Guidelines on substantive fairness in cases of dismissal for misconduct
Substantive fairness is a cornerstone of labour law in South Africa, particularly as outlined in Schedule 8 of the Labour Relations Act (LRA). This concept ensures that dismissals, whether for misconduct, incapacity, or operational requirements, are not only procedurally correct but also substantively justifiable. Here's a closer look at the principles and their practical implications, supported [...]
Infographic: Unilateral Changes to Terms & Conditions of Employment (Section 64 LRA)
Unilateral changes to the terms and conditions of employment can significantly impact the employer-employee relationship. Section 64 of the Labour Relations Act (LRA) outlines the procedures and protections for employees against such changes. This infographic summarises the legislative framework governing unilateral changes, the processes for dispute resolution, and the potential remedies available to affected employees. [...]
A Modern Approach to Conducting Effective Interviews
The modern workplace has undoubtedly and significantly evolved in recent years and so have the corresponding recruitment processes and practices to align with contemporary needs. Despite this continuous development and evolution, one aspect of the recruitment process has stood the test of time – the interview process. An important starting point of any hiring process [...]
When to Hang Up the Gloves
Retirement has traditionally been viewed as a well-earned break from the daily demands of work; however, delaying retirement can lead to significant legal and financial consequences. This is evident in the recent Constitutional Court case, MISA and Another v Great South Autobody CC t/a Great South Panelbeaters; Solidarity obo Strydom and Others v SITA SOC [...]
Infographic: The Establishment of Workplace Forums
Workplace forums play an important role in enhancing communication and collaboration between employees and employers. They provide a platform for employees to engage in discussions on key workplace matters, fostering better decision-making and promoting a positive work environment. This infographic outlines the essential steps involved in establishing a workplace forum, ensuring that the process is [...]