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 [...]
Infographic | Rescission of Arbitration Awards & Rulings
A rescission application allows a party to challenge an arbitration award or ruling under specific circumstances outlined in Section 144 of the Labour Relations Act (LRA). This infographic explains the grounds for rescission, the application process, and key CCMA rules governing variations and rescissions. It also highlights the difference between rescission and review applications, clarifying [...]
The Truth About “Employee Engagement”
Employee engagement isn’t just a buzzword; it’s the heartbeat of a thriving workplace. Yet, despite countless initiatives and mandatory engagement, many businesses still struggle to keep employees motivated and fulfilled. Why? Because engagement isn’t about perks, pay raises, or pizza Fridays. Sure, those things are nice too, but it’s about something deeper: Purpose, Recognition, and [...]
Clocked In but Zoned Out
For most employers, workplace misconduct is easy to identify - fraud, theft, gross insubordination, etc. But what about an employee who spends hours scrolling through social media, taking extended smoke breaks, or running personal errands during company time? Time theft is a growing concern in the workplace, yet many employers struggle to determine when it [...]
Infographic| Unfair Dismissal Related to Constructive Dismissal – A Guide for Employers
Constructive dismissal occurs when an employee resigns due to unbearable working conditions created by the employer. Under Section 186(1)(e) of the Labour Relations Act (LRA), an employee must prove that their resignation was a last resort, and that the employer was culpable for making continued employment intolerable. This infographic outlines the legal test, the employee’s [...]
Infographic | Schedule 8 of the Labour Relations Act (LRA): Code of Good Practice on Dismissal
Schedule 8 of the Labour Relations Act (LRA) serves as an important guideline for fair dismissals in South Africa, ensuring both procedural and substantive fairness. It helps employers maintain fair disciplinary and dismissal practices while protecting employees from arbitrary terminations. The CCMA relies on these guidelines to assess unfair dismissal claims and enforce equitable labour [...]
Reviewing the Prospects of Review
When finding your way through the often-intricate maze of labour disputes, arbitration awards can sometimes leave one or both parties feeling dissatisfied. In some cases, the decision rendered by the commissioner might be perceived as unfair, whether it results in the reinstatement of a troublesome employee or in a decision that the employer firmly believes [...]
How Much Is Too Much
Employers often grapple with resignations given with too little notice or, more dramatically, resignations effective immediately. Less commonly discussed, however, is the situation when an employee tenders a resignation with more notice than required by either the employment contract or the Basic Conditions of Employment Act (BCEA). How should an employer handle an “excessive” notice [...]
FIREPROOF RESOLVE | ELZET FRANCK
Elzet Franck’s journey in dispute resolution is as enduring and inspiring as the story told in Fireproof - a tale of resilience, unwavering commitment, and a spark that refuses to be extinguished. Just as Fireproof reminds us that love can withstand the fiercest of flames, Elzet’s approach to her work has been shaped by a [...]
Infographic | The Conciliation Process
Conciliation is a crucial step in resolving workplace disputes efficiently and fairly. This infographic outlines the structured process followed at the CCMA, from scheduling to resolution. It highlights key steps such as party attendance, explanations of disputes, commissioner intervention, and possible outcomes. Whether the matter is settled through agreement or remains unresolved, understanding the conciliation [...]
On the Rocks: Alcohol Related Misconduct Versus Addiction in the Workplace
Employers in South Africa encounter a significant uphill battle when it comes to alcohol related offences in the workplace. From being required to prove breathalyser calibration information and stringent testing methods to observation reports. Employers face further difficulty as they are not allowed to openly and blatantly ask their employees if they have an alcohol [...]
Infographic | Unfair Dismissals related to misconduct: A Guide For Employers
Unfair dismissals related to misconduct can expose employers to legal disputes if not handled correctly. This infographic provides a structured guide to ensure fairness, compliance, and consistency in disciplinary actions. It outlines key internal procedures, including clear policies, thorough investigations, fair hearings, and appropriate sanctions. Additionally, it details the dispute resolution process through the CCMA [...]
Infographic | Organisational Rights
Organisational rights disputes arise when trade unions and employers disagree on union recognition, access to the workplace, or rights related to collective bargaining. Governed by the Labour Relations Act (LRA), these disputes typically involve issues such as union representation, deductions of union subscriptions, and access to employer premises. This infographic outlines the key legal provisions, [...]
Fishy Business
Resignation or Dismissal? The question of whether an employee resigned or was dismissed is a frequent point of contention at the CCMA. In many cases, the employee insists they were dismissed, while the employer maintains that they resigned voluntarily. The difficulty in distinguishing between the two can lead to significant disputes, making it crucial for [...]
LEDGERS AND LATE NIGHTS
Long before spreadsheets and balance sheets became part of her daily routine, Antoinette Vogel spent her childhood dozing off under an office desk in an old-age home, lulled to sleep by the quiet hum of her mother working through the night. Her mother, a dedicated night nurse, often brought Antoinette and her younger sister along [...]
Infographic | The Principle of Progressive Discipline
Progressive discipline is a structured approach to addressing workplace misconduct by guiding employees toward corrective behaviour rather than immediate dismissal. Rooted in Schedule 8 of the Labour Relations Act, this system emphasises fairness by applying graduated disciplinary measures, starting with counselling and escalating through verbal and written warnings, final warnings, and, where necessary, sanctions short [...]
The Anticipated Changes to Schedule 8 of the Code of Good Practice
The Minister of Employment and Labour recently issued a Notice in the Government Gazette providing a Draft of the Code of Good Practice (hereinafter referred to as "the Draft"). The Draft proposes specific amendments to Schedule 8 relating to dismissals, which may lessen stringent procedural expectations, simplify disciplinary procedures, facilitate dispute resolution, and holistically consider [...]