Many employers are unaware that trade unions may acquire certain organisational rights within the workplace if they meet the required level of representation. These rights are regulated by the Labour Relations Act 66 of 1995 (LRA) and allow trade unions to perform...

Timely discipline is essential for maintaining trust, fairness and stability in the workplace. When employers delay disciplinary action after misconduct occurs, it creates the impression that rules are not taken seriously. Employees start to feel uncertain about...

When a shop steward violates workplace rules, it often puts employers in a difficult position. On the one hand, a shop steward has protected rights under labour legislation and on the other hand, they remain employees who are subject to workplace rules and...

Public holidays can have a significant impact on employers when business operations must continue uninterrupted. Public holidays are regulated by the Public Holidays Act 36 of 1994 (PHA), while remuneration for work performed on a public holiday is regulated by labour...

Retrenchment is the no-fault termination of an employee’s services and is governed by Section 189 of the Labour Relations Act, Act 66 of 1995 as amended (LRA) and the Code of Good Practice: Dismissal (the Code).  Retrenchment becomes necessary when there are...

When an employee is arrested and held while awaiting trial, employers must balance operational needs with fair labour practices. The key questions are: how to classify the absence (desertion, absence without permission or incapacity), whether pay is due, what steps to...

Constructive dismissal is a term that often appears in labour law, but still causes confusion for many employers. Constructive dismissal refers to a situation where an employee resigns on their own, but the resignation is directly linked to the employer’s action or...

Moonlighting is common in South Africa and refers to where an employee holds a secondary job or runs a personal business while employed full-time elsewhere. Especially during financial strain, it offers workers extra income, but poses risks like conflicts of interest...

Employers are often confused when the chairperson in a disciplinary hearing finds an employee not guilty of being under the influence of alcohol, despite the employee having tested positive for alcohol on a breathalyser.  Intoxication is defined as when a person is...

The South African labour market is rightly considered one of the most regulated in the world. Labour law sets strict requirements that employers must comply with. The most common laws that employers encounter on a daily basis include the following:Labour Relations...

Chapter 2 of the Basic Conditions of Employment Act (BCEA) regulates working hours, including normal working hours and overtime.

At the start of the employment relationship, even though the parties don’t know each other, a fiduciary duty is already in place that requires the employee to act in good faith and in the best interest of the employer.  It is important that the employer implements a...