Positive Substance Tests at Work: Is Proof of Impairment Always Necessary?
Positive substance tests at work does not automatically establish that an employee was impaired while on duty. Whether disciplinary - READ MORE
Can an Employee Be Dismissed for Lying During a Disciplinary Inquiry?
Employee dishonesty during a disciplinary inquiry must be distinguished from an unsuccessful defence. An employee who denies misconduct and - READ MORE
Fixed-Term Contracts vs Probation: What Employers Need to Know
Employers sometimes use fixed-term contracts as a “trial period”, assuming that the expiry of the contract provides an automatic - READ MORE
2026 CCMA Rules Amendments: What South African Employers Need to Know
The amended Rules governing proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) took effect on 23 October - READ MORE
Sick Leave in South Africa: Medical Certificates and Employer Obligations
Sick leave in South Africa is governed primarily by sections 22 and 23 of the Basic Conditions of Employment - READ MORE
Fixed-Term Contracts: Why “Completion of Tasks” Is Not Enough
The use of fixed-term contracts provides employers with flexibility, particularly where operational requirements fluctuate. That flexibility is, however, subject - READ MORE
Delay in Disciplinary Action Does Not Automatically Amount to Waiver
A delay in disciplinary action can create difficulties for employers, particularly where a lengthy investigation means that the underlying - READ MORE
Closing the Employment Relationship: Essential Offboarding Duties
Employers often devote significant attention to recruitment, performance management, discipline, and termination procedures. Yet one of the most overlooked - READ MORE
Inherent Requirements of the Job: When Can Employers Justifiably Differentiate?
South African labour law provides robust protection against unfair discrimination in the workplace. Employers may generally not make employment - READ MORE
Artificial Intelligence in the Workplace: A Tool, Not a Substitute
Artificial Intelligence (AI) has become an increasingly valuable tool in the modern workplace. Employees use AI-powered platforms to draft - READ MORE
Demotion as an Unfair Labour Practice in South African Law
Demotion remains one of the more contentious forms of managerial action in South African labour law, particularly where employees - READ MORE
Confessing Misconduct: The Evidentiary Limits of Employee Admissions
The evidentiary value of employee confessions in workplace disciplinary proceedings remains one of the more nuanced aspects of South - READ MORE
Can Employees Rely on Mental Health as a Defence in Workplace Proceedings?
Mental health has become an increasingly prominent issue within South African workplaces. Employers are more frequently confronted with employees - READ MORE
Incompatibility in the Workplace: When Dismissal Works
Incompatibility in the workplace is a recognised, but often misunderstood, concept in South African labour law. Unlike misconduct, it - READ MORE
Anonymous Workplace Complaints: Fair Process and Risk
Anonymous complaints are an increasingly common feature of the modern workplace. Whether submitted through whistleblowing hotlines, internal reporting platforms, - READ MORE