Progressive discipline: It is a myth in workplace discipline is that an employee cannot be dismissed unless they have first received a final written warning.
Articles tagged with:
labour law
Overtime Agreements in Employment Contracts
Misconceptions and the Law – Many employers incorrectly assume that an overtime clause contained in an employment contract remains valid for the entire duration of employment.
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.
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.
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.
New Code of Good Practice: Dismissal
The 2025 Code of Good Practice: Dismissal introduces fresh rules for employers, ensuring fairness, clarity, and consistency.
Zero-Tolerance Alcohol Policies under Scrutiny
The courts have started to scrutinise zero-tolerance alcohol policies.
When Does the CCMA Have Jurisdiction for Section 73A Claims?
CCMA limits Section 73A claims. Understand thresholds, legal representation, conciliation, arbitration, and postponements.
Frustrating the Disciplinary Process
Discover the intricacies of disciplinary processes, employee misconduct, and procedural fairness in labour law through key legal cases.
Constitutional Court’s Take on Retrenchment Procedures: What Employers Need to Know
Constitutional Court clarifies retrenchment procedures, outlining key insights for employers under the LRA.
Help Yourself: Deregulate Unproductive Labour Law
A new book, Help Yourself South Africa, describes how employers, employees and the unemployed can deregulate labour law by contract to a productive, free labour market.
Foreign Employers Cannot Escape SA Labour Law
South African labour law strongly protects people employed in South Africa. Furthermore, our courts do not easily give up jurisdiction to foreign courts.
Do SA labour laws apply to foreign nationals?
The recent raids on businesses employing illegal foreign nationals in Cape Town underscores the Department of Labour's mission to ensure that employers comply with labour legislation as it relates...
Can an employer retrench a fix-term employee?
Employers have the right to retrench employees. However, it is completely different when it comes to an employee that is on a fixed-term contract of employment. A fixed-term employee cannot just be...
Dealing with out-of-office misconduct
Can an employer dismiss an employee for out-of-office misconduct? Is dismissal justified? The answer to that question is “Yes”. An employee could be dismissed for misconduct outside the...
The Difference between Absenteeism, Abscondment and Desertion
Many employers get confused between absenteeism, abscondment and desertion in the workplace, which causes them to deal with it incorrectly. All of them has to do with some form of “absenteeism”, but...
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