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, [...]
Pre-conciliations are an essential step in resolving workplace disputes efficiently and informally, often before they escalate to formal legal proceedings. This infographic provides an overview of the pre-conciliation process, highlighting how disputes are referred, registered, and addressed through informal discussions facilitated by a Commissioner. By fostering quick and confidential resolutions with minimal legal formalities, pre-conciliations [...]
Discretionary annual bonuses are supplementary payments made by employers to employees, typically at the end of the year, prior to the festive season. Although this benefit should serve as an incentive for outstanding employee performance, the criteria for deciding who receives a bonus and how much can sometimes lead to disputes about fairness and the [...]
A recent matter dealt with by CEO at the CCMA addressed a claim of unfair labour practice relating to promotion. This ruling sheds light on the complexities surrounding internal promotions and recruitment processes and the fairness employers must exercise in their decision-making. The case provides essential insights into how employers should structure and manage recruitment [...]
In the case of Masinga v Almar Investments (Pty) Ltd (J564/23) [2024] ZALCJHB 381 (8 October 2024), the Labour Court examined an important issue regarding an employee's entitlement to back pay following reinstatement. The case sets a critical precedent for situations where an employee, despite being reinstated, is instructed by their employer to stay home [...]
Artwork, sculptures and statues depicting the “Lady of Justice” are found throughout the world. Lady Justice is a symbolic representation of unbiased decision-making and protection of the law. Depicted as a blindfolded woman holding a scale and a sword, she embodies fairness, impartiality and the rule of law. The blindfold represents objectivity, indicating that justice [...]
At some point, we have all heard the phrase, “It’s not about what you say, it's about how you say it.” In the modern working environment, this sentiment most certainly rings true, especially in relation to non-verbal communication and the interpretation thereof in the workplace. While we tend to think that our communication is primarily [...]
The recruitment and selection processes are critical operational aspects of any organisation. Although employers generally have complete discretion in determining whom to appoint for a respective position, there are exceptions to how this discretion can be implemented. If a prospective candidate is not appointed due to unfair or irrational reasons, there may be adverse legal [...]
Schedule 8(4)(2) of the Labour Relations Act, the Code of Good Practice, states that an employee can be represented by a fellow employee or a union representative during a disciplinary hearing. However, the question arises: What is the situation with representation if the employee is the union representative in the workplace or, more commonly known, [...]
South African Labour Law does not provide for compulsory payment of bonuses unless the employer falls within the ambit of a specific Bargaining Council or if a particular company policy makes such a provision. Therefore, without a Policy or Bargaining Council regulating a particular industry, an employee has no automatic right to a bonus. The [...]