Infographic: When Failure to Appoint Becomes a Legal Risk
Employers generally enjoy discretion in recruitment decisions – but that discretion is not unlimited. Where appointment decisions are unfair, irrational, or discriminatory, employers may face legal consequences. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
Infographic: Confronting Workplace Bullying
Workplace bullying is not just a human resources issue; it is a serious legal risk. The High Court judgment in Louw v Netcare Universitas Hospital confirms that employer inaction in the face of bullying can result in significant civil liability, well beyond the CCMA or Labour Court. By Carl Ranger Head of Training at Consolidated [...]
Insolence vs Insubordination: Why the Distinction Matters for Employers
Insolence and insubordination often appear together in workplace disciplinary matters, but they are not the same offence. Insolence generally refers to rude, disrespectful, or contemptuous behaviour towards an employer or manager. Insubordination, by contrast, involves the deliberate refusal to obey a lawful and reasonable instruction. While these forms of misconduct are closely related, Courts have [...]
Infographic: When Does Wasting Time Become a Dismissible Offence?
While serious misconduct is easy to spot, time theft is far more subtle and increasingly common. From excessive social media use to extended breaks, employers often struggle to determine when wasted time crosses the line into misconduct, justifying dismissal. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
Compliance Is Not Capability
In a world of constant regulatory change, economic pressure, and shifting workplace dynamics, South African employers operate under sustained strain. Labour compliance has become more complex, disputes more frequent, and employee relations more nuanced. Yet many organisations still treat training as a once-off compliance exercise rather than a strategic investment. The reality is simple: workplaces [...]
The Longer Road. Meet Keotshepile Kodisang
Some journeys don’t start with a dramatic “big city” moment. They start with an early alarm, a uniform still warm from the iron, and a long drive out of a small village while the sun is only just deciding whether it’s awake. That’s Keotshepile Kodisang’s origin story. Humble beginnings in Ledig, outside Rustenburg, and parents [...]
Infographic: Cannabis, Zero Tolerance, and Employee Rights
The Labour Appeal Court (LAC) has confirmed that a blanket zero-tolerance approach to cannabis use in the workplace can infringe employee rights. In Enever v Barloworld Equipment South Africa (2024), the Court made it clear that employers must assess cannabis-related misconduct contextually and cannot rely on rigid policies divorced from risk, role, and actual impairment. [...]
Probation Is Not a Free Pass
Introduction Many employers assume probation is a “trial period” where employment can be terminated with minimal procedure. That assumption is incorrect. During probation, dismissal must still meet the basic fairness standards set out in Schedule 8 of the Labour Relations Act 66 of 1995 (LRA). Probation provides flexibility and allows for a less formal process, [...]
The True Nature of a Dispute: Substance Over Labels
Conciliation is intended to be a flexible, problem-solving process rather than a technical exercise bound by rigid classifications. Yet many employers mistakenly assume that once an employee describes a dispute in a referral form, the case is forever confined to that label. South African labour law has firmly rejected this assumption. Section 135 of the [...]
Infographic: An Arrested Employee Is Not a Get-Out-of-Jail-Free Card for Employers
An employee’s arrest or imprisonment does not automatically terminate the employment relationship. Employers must still follow a fair process and cannot dismiss an employee simply because they are unavailable or suspected of criminal conduct. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
Investigation First, Discipline Second
One of the most overlooked, yet critical stages of any disciplinary process is the investigation. Too often, employers rush to issue charges before properly gathering and preserving evidence. When this happens, the disciplinary process is weakened from the outset. An investigation is not a formality. It is the foundation upon which the entire case rests. [...]
Infographic: Does Delay Negate a Breakdown of Trust?
Labour law requires disciplinary action to be taken within a reasonable time. However, recent case law confirms that delay alone does not automatically restore trust - particularly where misconduct involves dishonesty. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
Driving Lessons. Meet Clydelle Govender
Anxiety is having a bit of a moment. It’s the quiet extra passenger in the car, the one piping up with unhelpful commentary just when the traffic gets lively. Clydelle Govender knows that passenger well. She’ll tell you - bravely and without flinching - that driving alone once tied her stomach in knots. What if [...]
When Belief Meets Business
South Africa is a diverse country with a rich blend of cultural and religious beliefs, all of which are protected by the Constitution. These beliefs inevitably manifest in the workplace, often through employees, at times creating conflict between personal obligations and operational demands. Employers are frequently placed in complex situations when such beliefs conflict with [...]
Infographic: The High Cost of Dereliction of Duties
Dereliction of duty is treated as serious misconduct in South African labour law. Recent judgments confirm that employers must prove intentional neglect of duties, but do not always need to prove a breakdown of trust where the misconduct is inherently serious. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
Managing Labour Costs in a Regulated Centralised Bargaining Environment
Managing labour costs in a Bargaining Council environment requires employers to look beyond the basic wage. Labour costs are made up of multiple components, including annual wage increases prescribed by main collective agreements, overtime and public holiday premiums, statutory contributions, bargaining council levies, allowances (such as night shift, risk, or uniform allowances), and the administrative [...]
Infographic: Proving Impairment, Not Just Presence
Recent CCMA and Labour Court decisions have clarified that a positive breathalyser result alone is not enough to justify dismissal. Employers must prove actual impairment, not merely the presence of alcohol. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
When a Default Award Isn’t the End
Few moments are more unsettling for an employer than discovering a CCMA or Bargaining Council award issued in their absence. The instinctive reaction is often panic, followed by a hurried question: Can this be rescinded? While Section 144 of the Labour Relations Act (LRA) provides the legal gateway for rescission, the reality is that rescission [...]
Infographic: Strategies for employers on suspected fraudulent medical certificates
The misuse of sick leave and fraudulent medical certificates remains a persistent concern for employers. Recent Labour Appeal Court guidance clarifies how employers should approach suspected fraud without infringing on employees’ rights. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
Annual Leave Under the BCEA: What Employers Must Grant and What They Must Pay
Annual leave remains one of the most frequently misunderstood areas of South African employment law. While most employers are aware that employees are entitled to paid annual leave, disputes often arise around how leave accrues, how shutdown periods are handled, and whether leave pay is always owed when employment ends. The Basic Conditions of Employment [...]
Infographic: Reaffirming the value of unwritten rules in organisational culture
Every organisation has a unique culture shaped not only by written policies, but also by unwritten rules and practices. These informal norms influence how employees behave, communicate, and integrate into the workplace, often playing a critical role in building cohesion and efficiency. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
Infographic: A quick guide to “off-duty” misconduct
In today’s connected world, employee conduct outside working hours can quickly impact the workplace. While employees have a right to privacy, employers may act where off-duty misconduct has a direct and material effect on the employment relationship or the business. By Carl Ranger Head of Training at Consolidated Employers Organisation (CEO SA)
2025’s Most Searched SA Labour Law Questions – Answered
When employees and employers are unsure about their rights and obligations, they don’t turn to a lawyer or an HR manual; they turn to Google. Search trends from 2025 show a consistent theme: confusion. Confusion about leave, pay, dismissals, probation, retrenchments, and fairness. These aren’t abstract legal questions. They are real issues affecting livelihoods, businesses, [...]
Shared Parental Leave: When the Law Changed Faster Than the Workplace
The Constitutional Court may have rewritten South Africa’s parental leave framework in 2025, but the real constitutional moment did not happen in court. It happened quietly, in HR offices, management meetings, WhatsApp family groups, and at kitchen tables across the country. On paper, the Van Wyk judgment is a triumph of equality. In practice, it [...]
Infographic: Con/Arb Process
A Con/Arb is a dual process where conciliation and arbitration take place on the same day, one directly after the other. It is regulated by Section 191(5A) of the Labour Relations Act (LRA). By Carlene van der Lith Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)