An employee who is facing disciplinary action suddenly resigns with immediate effect. Sound familiar?
Many South African employers assume there is nothing more they can do once a resignation letter lands on their desk. Likewise, many employees believe that resigning “with immediate effect” automatically ends the employment relationship and prevents disciplinary [more…]
Employee Social Media Conduct has become a critical issue in the modern workplace as social media platforms blur the line between employees’ personal and professional lives. Employees post opinions, share experiences, and engage with public discourse at all hours — often without appreciating the legal and reputational consequences their conduct may have on [more…]
Cartrack’s emergency response and engagement with the bereaved family following the tragic death of an employee have attracted significant public attention, offering valuable insights into crisis management and stakeholder communication during times of tragedy.
The recent death of a Cartrack employee at the company’s Rosebank offices has generated widespread media coverage, public scrutiny, and [more…]
A fixed term contract is a written employment agreement that establishes a defined employment period from the outset. Unlike open-ended or permanent employment, it contains a built-in expiry mechanism — either a specific end date, the conclusion of a defined project, or a triggering event such as the return of [more…]
Many employers mistakenly believe that an employee on probation has fewer rights and can simply be dismissed if performance is unsatisfactory. However, under South African labour law, an employee on probation enjoys the same fundamental rights as any other employee, and dismissal during probation must still be both substantively and procedurally fair.
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Double jeopardy remains one of the more confusing areas of workplace discipline, and many employers are unsure when further disciplinary action is allowed — and when it becomes unfair. Understanding this principle is important, as getting it wrong can result in unfair dismissal claims, reinstatement orders, or costly compensation awards.
The Department of Employment and Labour has published the Labour Law Amendment Bill, 2025 for public comment, proposing significant updates to South Africa’s employment law framework.
The proposed amendments affect several important statutes, including the Basic Conditions of Employment Act (BCEA), the Employment Equity Act (EEA), the [more…]
Overtime work, defined as hours worked beyond the ordinary workweek, is a common practice across industries. While necessary to meet deadlines, manage increased workloads, or respond to unforeseen operational demands, overtime raises concerns regarding fair compensation, employee well-being, and work-life balance. In South Africa, the regulation of overtime is primarily governed by the [more…]
In the decision of Backsports (Pty) Ltd v Motlhanke and Another [2025] ZALCJHB 68 (18 February 2025), the Labour Court stated that a restraint of trade could not be enforced by a former employer where the employee was dismissed for misconduct. In other words, a dismissal results in a former employer forfeiting the right to enforce [more…]
Dishonesty, even when instructed, breaches the trust at the heart of the employment relationship and can justify a dismissal, according to Amandla Makhongwana, senior associate at Bowmans.
Makhongwana says the Labour Court’s judgment in Mbuyane v Dekker NO and Others (JR1173/2020) [2025] ZALCJHB 224 serves as a poignant reminder that integrity is not negotiable, even under [more…]
An employee was suspended and attended a disciplinary enquiry for six acts of alleged misconduct. After her acquittal, she was requested to return to work, which she failed to do. She, instead, elected to obtain various medical certificates and social worker reports which declared her unfit for duty. No medical certificate or report mentioned the [more…]
The Construction Education and Training Authority (CETA) has been given the go-ahead to proceed with disciplinary action against a senior employee who had claimed whistleblower protection.
This comes after the Commission for Conciliation Mediation and Arbitration (CCMA) found in a recent decision that the employee, who was seeking protection as a whistleblower, did not make [more…]
The CCMA’s recent decision in Biyana v National Consumer Commission (2025) 34 CCMA 7.17.2 offers a critical reminder for employers relying on so-called automatic termination clauses in employment contracts: the lesson to be learnt is that no contractual provision can override the Labour Relations Act’s (LRA) requirement of fairness when terminating an employment relationship.
In this case, the [more…]
In a recent decision by the Labour Appeal Court (LAC), the Court clarified the law on reinstatement, holding that an employer is not obliged to keep an employee’s seat ’warm’ where the employee has not tendered their services within a reasonable period following a reinstatement order. Where an employee fails to tender their services within [more…]
Sooner or later the labour law catches up with employers who fail to follow proper disciplinary procedure and to provide good reason for dismissals. This is because section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. The Labour [more…]
An employer is entitled to insist on reasonably harmonious relationships within its business. An employee may not act in a way which results in disharmony or disruption and a breakdown in relationships at work.
“Incompatibility” refers to, for example, an employee not fitting in with the organisational values of the employer, an inability to work in [more…]
The Commission for Conciliation, Mediation, and Arbitration (CCMA) and Bargaining Councils are important bodies in South Africa that handle disputes between employers and employees.
When an employee refers a dispute to the CCMA or a bargaining council, employers need to understand the process and their obligations.
This guide aims to provide essential information for employers in such [more…]
South African employers can fire their staff members for faking sick leave.
In Hans v Montego Pet Nutrition [2024], where the Commission for Conciliation, Mediation and Arbitration (the CCMA) had to determine whether an employee’s attendance at a social occasion whilst booked off on sick leave warranted their dismissal.
Jacques van Wyk and Andre van Heerden from Werksmans Attorneys said [more…]
