South Africa’s labour environment is strictly regulated and employers must manage labour relations in line with legislation. The basic principles employers should follow seldom change and once in place, only minor amendments are necessary in line with updates.  Here...

Sick leave is one of the most abused forms of leave in South African workplaces, often because it is misunderstood. Sick leave gives an employee the opportunity to be absent from work when he/she is unable to work due to illness or injury, without losing income....

Conducting successful disciplinary hearings requires meticulous adherence to procedural fairness. Employers cannot dismiss an employee without first holding a hearing, as this ensures compliance with legislation and limits risks when dealing with disputes at bodies...

New code, old lessons – don’t believe the hype:  dismissals still aren’t simple. Ever since the new Code of Good Practice: Dismissal (CGPD) was published in draft form for public comment in January 2025, public discussion has largely centred on how it would finally...

A probation period is the period at the beginning of an employment relationship. The purpose of probation is to give the employer an opportunity to evaluate the employee’s performance and suitability for employment before confirming appointment.Length of the probation...

The employer’s primary objective is to enhance productivity while fostering a healthy working environment. From time to time, however, employers may feel that certain terms and conditions of employment should be amended to meet evolving workplace requirements. This...

Desertion is a serious workplace issue that employers are often faced with. If not managed correctly, it can result in costly disputes for employers. In the context of South African labour law, desertion differs significantly from general absenteeism and employers...

Workplace harassment and intimidation seems to remain prevalent issues in many workplaces.  South Africa’s Constitution, along with other legislation such as the Employment Equity Act, 1998 (EEA) and the Code of Good Practice on the Prevention and Elimination of...

Insubordination is when an employee challenges the employer’s authority and commonly occurs when an employee wilfully refuses to obey a lawful and reasonable instruction. Employees have a legal duty to obey any valid instruction within their role, and defying such an...

It happens that an employee is hired, but the employment contract is simply not signed. Employees are often under the mistaken impression that if the employment contract is not signed, he/she cannot be bound by the same rules and regulations as other employees who...

In South Africa, incapacity as a ground for dismissal relates to an employee’s inability to effectively perform their duties and responsibilities, mainly due to poor work performance, ill health or injury. The Labour Relations Act, Act 66 of 1995 (LRA) regulates this...