Some lessons don’t come from books or boardrooms. They come from early mornings. Quiet miles. Sore legs. And the stubborn decision to show up anyway. We live in a world obsessed with shortcuts – productivity hacks, overnight success, life “hacks” that promise to fast-track the process. But here’s the truth: there is no substitute for [...]
A dismissal is considered automatically unfair when it occurs for reasons that violate fundamental employee rights protected by law. Section 187 of the Labour Relations Act (LRA) sets out specific grounds that render a dismissal automatically unfair, including participation in protected strikes, pregnancy, and acts of discrimination. This infographic outlines what constitutes an automatically unfair [...]
In this article, we will examine whether it is permissible for employers to withhold statutory monies when employees resign without notice, specifically whether clauses in employment contracts allow employers to do so. Lastly, we will consider whether parties in an employment relationship, i.e., the employer and employee, may contract outside the Basic Conditions of Employment [...]
Disputes involving unfair labour practices are common where employees feel aggrieved by decisions relating to promotion, demotion, probation, training, or benefits. Protected under Section 23 of the Constitution and defined in Section 186(2)(a) of the Labour Relations Act (LRA), these disputes focus on the fairness of employer conduct rather than dismissal. This infographic outlines the [...]
Some people dream of making headlines. Anica dreams of making macaroni and cheese — preferably with her family around the table and The Sound of Music playing softly in the background. Because for Anica, comfort isn’t laziness; it’s fuel. It’s what fills the tank so she can show up to work, bring her A-game, and [...]
Dismissals for poor work performance fall under the category of incapacity and must be handled in line with the principles of fairness outlined in the Code of Good Practice: Dismissal under the Labour Relations Act. This infographic provides a clear framework for determining whether a dismissal related to poor performance is substantively and procedurally [...]
In the matter of Naidoo v Khosa NO and Others (JR1346/22) [2025] ZALCJHB 131 (18 March 2025), the Labour Court addressed the jurisdictional complexities surrounding South African government employees stationed abroad. Ms. Reena Naidoo, a South African citizen domiciled in the United States, had been employed at the South African Permanent Mission to the United [...]
In South Africa, restraint of trade clauses are commonly included in employment contracts to protect an employer’s legitimate business interests. These clauses restrict employees from working for competitors, starting a competing business, or soliciting clients or staff after leaving the company. A restraint of trade clause is enforceable unless it is found to be unreasonable [...]
Severance pay is a statutory form of compensation granted to employees who are retrenched due to operational requirements. It is not a reward, but a safeguard meant to ease the financial impact of job loss through no fault of the employee. Governed by the Basic Conditions of Employment Act (BCEA), severance pay can become a [...]
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, [...]