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…]
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.
In South African labour law, the use and legal effect of employee confessions remain complex, particularly because the Labour Relations Act 66 of 1995 (LRA) provides no guidance on their admissibility. Consequently, courts and arbitrators have developed common-law principles to determine when a confession may justify disciplinary action or dismissal. This article reviews 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…]
There are occasions when an employee arrives at work with a noticeable scent of alcohol, which should not be ignored. In such cases, immediate termination of employment may not be the most prudent response, despite appearing justified at first glance, as there may be underlying issues that warrant further investigation.
It is advisable that a [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 the realm of workplace discipline, the term “consistency” frequently arises, along with its counterpart, “inconsistency.” These concepts are pivotal to the fair and equitable administration of disciplinary action. To comprehend the requirement of consistency, one must move beyond simplistic definitions and delve into the practical implications of treating “like with like” and ensuring fairness [more…]
Introduction
Section 188 of the LRA provides that, to be fair, a dismissal that is not automatically unfair must be for a fair reason and in accordance with a fair procedure.
The employer should conduct an investigation to determine whether there are grounds for dismissal. This does not need a formal inquiry. The employer should notify [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…]
Final written warnings constitute a crucial element within the disciplinary framework of any Organisation. They afford employers the opportunity to communicate to employees that their conduct is deemed unacceptable, emphasising the need for a change in behaviour to avert dismissal.
The occurrence of persistent or recurrent misconduct may lead to the issuance of a final written [more…]
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. This forces employers to act with great care and expertise in gathering evidence and in designing and applying their disciplinary policies. The Labour Courts are most intolerant of employers [more…]
In employment law, disputes that arise from disciplinary hearings can be intricate and heated. Many employers opt to hire independent chairpersons to prevent the possibility of ending up in the CCMA (i.e. the Commission for Conciliation, Mediation, and Arbitration). Nevertheless, when employers are displeased with decisions that these disciplinary chairpersons make, seeking recourse can [more…]
A recent Labour Court case has brought about more uncertainty as to whether an employee can quit before being fired.
According to Michael Yeates, director at Cliffe Dekker Hofmeyr, the case dealt with Standard Bank employees who resigned with immediate effect to avoid disciplinary action.
“Delivered on 24 May 2019, the Labour Court ruled that an employer [more…]
Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice.
Schedule 8 of the LRA further stipulates that all employers should adopt disciplinary [more…]
In the matter of Legal Aid South Africa v Mayisela and Others LAC (CA9/17) [2019] ZALAC [Delivered 5 February 2019), the Labour Appeal Court (LAC), in considering a judgment granted in favour of the employee in a review application by the Labour Court, held that an employee who was dismissed for gross insubordination committed misconducted [more…]
Despite a recent Constitutional Court judgment easing the burden on employers when dealing with precautionary suspension, a legal expert warns that employers can still be found guilty of committing an unfair labour practice.
Last month, the Constitutional Court upheld a judgment passed by the Labour Court which states that an employer is under no obligation to [more…]
