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Managing Senior Employees
Disciplining senior employees requires more than applying workplace rules. Employers must balance trust, confidentiality, legal compliance and organisational stability.
Probationary Dismissals
Probationary employment is intended to allow employers a fair opportunity to assess whether a newly appointed employee is suitable for permanent employment.
Is an Employee on Prolonged Absence Really Absconding?
When an employee is absent from work for several days without any notice, it creates uncertainty when the employer cannot contact the employee at all.
The Right to Disconnect from the Workplace
Employees need time away from work after hours to rest and maintain a healthy balance between work and personal life.
Key Contractual Elements Affected by Remote and Hybrid Work
Remote and hybrid work reshape contracts, requiring clarity on roles, risks, compliance, and evolving employer obligations.
Poor Work Performance vs. Negligence
Understanding the Distinction and Managing Each Effectively.
South African Labour Law Reforms
What Employers and Employees Need to Know.
The Evolving Landscape of Labour Law in South Africa
Proposed changes to the South African labour legislation is reshaping the workplace. This is an analysis of key reforms and their implications for employees and employers.
The Difference Between Insolence and Insubordination
Is insolence and insubordination in the workplace similar types of misconduct?
When is a Retrenchment Consultation Process Exhausted?
The objective of consultation is not merely to inform employees of a decision already taken, but to engage with them on matters that may affect the outcome of the process.
The Central Role of Context in Disciplinary Findings
Context is a critical factor in determining whether misconduct warrants dismissal or a lesser sanction.
Outstanding Annual Leave on Termination of Employment
Should outstanding annual leave on termination of employment be paid or not?
Employment Contracts and Conditions
Employment contracts govern the rights and duties of employers and employees.
New Parental Leave Rules
The new interim regime (effective immediately) introduces shared parental-leave of 4 months and 10 days that may be divided between both parents in the way they agree.
Internal Advancement and Promotion Opportunities
When advancement opportunities are not guaranteed by contract or policy, employees are still entitled to fair consideration, and employers must exercise their discretion.
Dismissal After Reaching Retirement Age
Dismissal based purely on age is automatically unfair in South Africa.
The Impact of Company Liquidation on Employees
The liquidation of a company has serious and often immediate consequences for employees.
Suspension from Work-Legal and Practical Considerations
Temporary removal of an employee from active duty, whether through suspension or dismissal, constitutes a serious intervention in the employment relationship
Implications for Small Businesses – New Code of Conduct
The new Code recognises that small businesses operate under different constraints than medium or large employers.
New Code of Good Practice: Dismissal
The 2025 Code of Good Practice: Dismissal introduces fresh rules for employers, ensuring fairness, clarity, and consistency.
Can an Employer Replace a Workplace Policy at Any Time?
The ability to replace a policy depends on several key factors.
Zero-Tolerance Alcohol Policies under Scrutiny
The courts have started to scrutinise zero-tolerance alcohol policies.
Disciplinary Action and The Internet
Employees are increasingly using the internet and social media – sometimes in ways that impact the workplace.
The Modern Workplace: Labour Law in a Changing World
The world of work is undergoing a dramatic transformation that is impacting labour law.
The Law of Evidence in Labour Law
The law of evidence in South African labour law applies many of the general principles of evidence, but with important adaptations.
Reputational Damage – Key Principles and Implications
In labour law, reputational damage caused by an employee’s conduct is a serious matter.
Ignorance of a Fraudulent Medical Certificate
What should an employer do when an employee submits an irregular sick note and pleads ignorance?
Non-Disclosure of a Criminal Record Before Employment
Non-disclosure of a relevant criminal record during the hiring process may constitute dishonesty and justify dismissal if it undermines the trust relationship.
The Enforceability of Overtime
A signed contract of employment does not mean that an employer may demand overtime indefinitely.
The Age of Misinformation – A Survival Guide
We are living in a time when information has never been more accessible – and less reliable.
Dismissing Employees for Irregular Medical Certificates
Unless the employer could prove that the employee was complicit in obtaining a false medical certificate (sick note), dismissing them would be unfair.
Post-Retirement Dismissals
ConCourt fails to reach consensus on dismissals after reaching retirement age.
How to Deal with a Bipolar Employee
Employees with bipolar disorder suffer from a condition characterised by mood swings.
Understanding Mental Disorders of Employees in the Workplace
Employers are increasingly required to address mental health issues among their staff.
Dismissal of Foreign National Workers
Guidance for employers on handling employee dismissal due to expired work permits and legal considerations.
Dismissal of Foreign National Workers
Can a foreign national employee on a permanent contract be dismissed if their work permit expires?
Definitions: Negligence and Gross Negligence
Negligence and gross negligence in labour law highlighted through the details of the NUMSA v CCMA Labour Court case.
Employment of Foreign Nationals
Regulations for employing foreign nationals in South Africa, including work permits, employer responsibilities, and labour rights compliance.
Dealing with Unethical Employees
Make no mistake. Employers will have to deal with unethical employees.
Zimbabwean Exemption Permits in South Africa
Zimbabwean Exemption Permits extended to 2025. Stay informed on protections, High Court rulings, and immigration updates.
Dismissing Employees for False Medical Certificates
It is common cause that many employees abuse their sick leave by submitting irregular and/or false medical certificates.
Recording Conversations without Consent
Conversations recorded without an employee’s consent can be used against the employee.
Medical Certificates and Proof of Incapacity: A Guide for Employers
Valid medical certificate requirements under BCEA in South Africa, including compliance and fraud prevention tips.
Giving Notice whilst on Leave
An employer may not give notice to an employee during any period of annual leave, maternity leave, parental leave or family responsibility leave, except sick leave.
How Does Sick Leave, Following an Injury on Duty, Work?
Sick leave after work injuries under COIDA and BCEA: coverage details, pay rates, benefit duration, and employer duties.
Do Job Titles Really Matter?
For many employees, job titles is a sensitive issue.
When Both Are at Fault: The Complexities of Driver Negligence
An overview of the Algoa Bus driver dismissal case, focusing on negligence and the 2024 Labour Appeal Court ruling.
Workplace Investigations
Incomplete investigation leaves gaps that can significantly weaken an employer’s position in disciplinary proceedings.
Recovering of Damages from The Employee
Understanding the legal implications of recovering damages from employees who breach fiduciary duties and violate contractual obligations.
Promotion, A Right or Privilege?
Is promotion a right or privilege? Gain legal insights for employers on ensuring fair promotion practices.
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