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Do Employers Need Employee Consent to Change Employment Terms?
The terms and conditions of employment described in a contract of employment usually include a myriad of items such as: the type of work expected ...
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Effectively Managing Employees through Progressive Discipline
Progressive discipline, which is also sometimes referred to as corrective discipline, is a strategy used to address and to correct employee behavioural or performance issues. ...
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Power of CCMA Commissioners to dismiss matters due to lack of diligent prosecution.
The very purpose of the Commission for Conciliation, Mediation and Arbitration (‘CCMA’) is expeditious resolution in order to equitably serve those most vulnerable within society, ...
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Navigating Retrenchments: Key Lessons on the Viability of ‘Bumping’ from Recent Labour Court Ruling
Employers with multiple operations or businesses are no strangers to the unique economic and operational obstacles of the business landscape in South Africa. Even when ...
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How Employers Should Respond to Workplace Theft
Theft in the workplace is a serious form of misconduct that places significant strain on a business’s profitability and sustainability. To effectively address this problem, ...
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Provocation as a Justification in the Workplace
Provocation is one of the key defences for charges of assault or fighting on duty in the workplace. In our employment law context, provocation as ...
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Terminating Employees for Abscondment
Employee abscondments in the workplace presents a significant challenge for employers, impacting operational efficiency and team morale. This issue not only disrupts business operations but ...
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Written particulars of employment and contracts of employment
Employers often underestimate the value of reducing the agreements that they have with their employees to writing, as they feel that verbal agreements would often ...
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Automatically unfair dismissal for a protected disclosure – the case of Railway Safety Regulator v Kekana
The terms “protected disclosures” or “whistleblowing” are not new phenomena to the employment law landscape, but there is often great uncertainty about how protected disclosures ...
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Navigating Workplace Misconduct vs. Negligence: Best Practices for South African Employers
In order to maintain fair labour practices in the South African workplace, procedural and substantive fairness are vital considerations. Procedural fairness highlights the procedure followed ...
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The Burden of Evidence on Employers in Disciplinary Inquiries
Section 192(2) of the Labour Relations Act states that the employer is responsible for proof in a disciplinary procedure. This principle aligns with the adage, ...
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Cannabis for Private Purposes Act: What Employers Need to Know
On May 28, 2024, President Ramaphosa signed the Cannabis for Private Purposes Act (CFPPA) into law. This act intends to regulate the cultivation, possession, and ...
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Dismissal for an Alleged Fraudulent Medical Certificate
Requiring employees to submit doctor’s notes for absence due to illness is a standard practice aimed at validating the legitimacy, or not, of an employee’s ...
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Risks for Employers Missing Employment Equity Deadlines
A designated employer could face the risk of fines should they be found non-compliant with the Employment Equity Act 55 provisions of 1998. The Act ...
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Employees delaying disciplinary proceedings: Is suspension without pay an option?
Employers often use precautionary suspensions while investigating employee misconduct. The presupposition (and standard practice) is that the employee would be suspended on full pay pending ...
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Urgent Update – New Minister enforces stricter measures on undocumented workers
During his first budget vote speech as newly appointed Minister of Home Affairs, Dr Leon Schreiber made a point of implementing stricter measures against undocumented ...
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PAYE & UIF for Foreign National Employees
When an employee becomes unemployed or cannot work due to illness, maternity, adoption, or parental leave, the Unemployment Insurance Fund (UIF) provides temporary relief. It ...
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Derivative Misconduct: Employee Accountability in Group Offenses
Derivative misconduct occurs when an employee is linked to or implicated in another employee’s misconduct, even if they were not directly involved in the misconduct ...
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The crucial role of consistency in company disciplinary policies
Consistency in applying company policies in disciplinary actions is crucial to maintaining a fair and productive work environment. This is particularly crucial in South Africa, ...
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New B-BBEE Requirements for Real Estate Agents in 2025
The Property Practitioners Regulatory Authority (PPRA) has stated that it will not issue a Fidelity Fund Certificate (FFC) to any Real estate agent without a ...
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Constitutional Court refuses Home Affairs Minister’s leave to appeal ZEP decision
In what has been labelled as a “landmark decision”, the Constitutional Court recently dismissed an application by Home Affairs Minister Aaron Motsoaledi for leave to ...
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UIF compliance – Employer responsibilities and risks for non-compliance
An employer must pay the Unemployment Insurance Fund (UIF) for an employee who works more than 27 hours a month. The employer must register as ...
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How can you support your Muslim employees during Eid and Ramadan?
Ramadan and Eid are significant times for Muslim employees, encompassing religious observances, fasting, prayers, and communal gatherings. Understanding the importance of these occasions and offering ...
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Dismissal due to gross insubordination
Insubordination in the workplace is often a serious matter because it can affect working relationships between an employer and employee, undermine the structural lines of ...
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