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…]
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…]
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 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…]
Our Occupational Health and Safety (OHS) legislation places a duty on every employer to maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of its employees. Indeed, the recently introduced SANS 45001 standard dealing with Occupational Health and Safety management in South Africa, which was [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…]
Since 2019, South Africa has had a National Minimum Wage, which sets the floor for all wages and salaries in the country. But for many workers, actual wages paid depend on the outcome of negotiations with employers.
The National Minimum Wage is set every year by the Minister of Labour [more…]
In a twist on the old movie industry saying of “hurry up and wait”, designated employers who have been waiting for clarity on the employment equity regulations must now shift into high gear. The long-awaited regulations have officially come into effect, signalling a move from voluntary to mandatory compliance as of [more…]
In Passenger Rail Agency of South Africa v Hoyo [2025] 2 BLLR 160 (LAC) the Labour Appeal Court (LAC) overturned the Labour Court’s (LC) finding that there had been unfair discrimination based on race. In this case, the employee alleged unfair discrimination because of unequal pay on the ground of race in that his [more…]
In today’s hyper-connected world, the lines between personal expression and professional responsibility have never been more blurred. Social media has revolutionised communication, enabling instantaneous sharing of thoughts and opinions, but it has also introduced new challenges for both employers and employees.
When an individual’s online conduct appears to be in contravention of disciplinary policies and the [more…]
Workplace harassment remains a critical issue in South African workplaces, with its implications resonating through the social and economic fabric of the country. This article examines the evolution of workplace harassment laws in South Africa, the implementation of training programmes, and the obligations that employers have to create and maintain a safe working environment.
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…]
Labour legislation requires an employer to reasonably accommodate the needs of an employee with physical or mental impairments in the event that such impairment substantially limits the employee’s ability to perform the essential functions of the job. The type of reasonable accommodation required would depend on the job and its essential functions; the work environment [more…]
In the recent case of Steyn v Business Connexion Group Ltd, the Labour Court confirmed that when there is a transfer of a business as a going concern in terms of section 197 of the Labour Relations Act, 1995 (LRA), the retirement age that has been agreed with the old employer, as stipulated in the employment [more…]
The use of fixed-term employment contracts in South Africa has evolved significantly following legislative changes brought about by the Labour Relations Amendment Act of 2014 (LRAA), which took effect on 01 January 2015. These amendments were designed to provide greater protection to employees, ensure compliance with fair labour practices, and prevent the misuse of [more…]
