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.
[more…]
The Draft Protected Disclosures Bill 2026 has recently been published by the Department of Justice and Constitutional Development for public comment. The proposed legislation follows recommendations made by the Judicial Commission of Inquiry into [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.
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 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…]
Couples who get divorced can do so on the basis of ‘irreconcilable differences’ – they know the relationship does not work, but they cannot necessarily specify any one reason. It may not be anyone’s fault, but if the breakdown in the relationship cannot be repaired, it is time for a fitting end. So too in [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…]
The new Code of Good Practice: Dismissal (the Code), came into effect on 4 September 2025. It replaces the previous codes relating to dismissal and retrenchment. While not much has changed, we highlight a few aspects that are worth mentioning.
Small businesses
The Code places more emphasis on the fact that small enterprises may follow simpler, less [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…]
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 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…]
A director of a quantity surveying firm was retrenched and not paid his due severance package. He referred a claim of unfair dismissal to the CCMA where the parties concluded an agreement that was clearly worded to end all disputes and claims, of whatever nature, between the parties. The respondent applied to the Labour Court [more…]
