Workplace Misconduct vs. Negligence: Best Practices for South African Employers
To uphold fair labour practices in the South African workplace, employers must clearly understand the distinction between workplace misconduct - READ MORE
The Burden of Evidence on Employers in Disciplinary Inquiries
Burden of Evidence in Disciplinary Inquiries is addressed in Section 192(2) of the Labour Relations Act, which places the - READ MORE
Dismissal for an Alleged Fraudulent Medical Certificate
Fraudulent medical certificate concerns have become increasingly relevant as requiring employees to submit doctor’s notes for illness-related absences remains - READ MORE
Employees Delaying Disciplinary Proceedings: Is Suspension Without Pay an Option?
Suspension without pay is increasingly being considered by employers during disciplinary inquiries—especially when precautionary suspensions are necessary to investigate - READ MORE
Urgent Update – New Minister Enforces Stricter Measures on Undocumented Workers
Undocumented workers in South Africa were a key focus in the first budget vote speech by newly appointed Minister - READ MORE
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 - READ MORE
Dismissal Due to Gross Insubordination
Dismissal due to gross insubordination is a serious matter that can significantly disrupt working relationships between employers and employees, - READ MORE
Can you Dismiss an Employee Without a Hearing?
Dismissal without a hearing can lead to serious legal consequences for employers. South African labour law requires that all - READ MORE
Breathalyser Test Results – Evidence at a Disciplinary Hearing
As discussed in a previous article, Cannabis in the Workplace, many companies adopt a zero-tolerance policy for alcohol and - READ MORE
Risks of Terminating without a Hearing
Terminating Without a Hearing in South Africa presents significant legal risks for employers under the country’s labour legislation. According - READ MORE
Navigating Restraints of Trade in South Africa
Restraint of Trade South Africa is a crucial concept for business owners seeking to protect trade secrets while investing - READ MORE
Employee Coerced into False Statement: CCMA Dilemma
Perjury, simply put, is the misrepresentation of facts whilst under oath. The consequence of perjury in South Africa is - READ MORE
Short-Time Work as an Alternative to Retrenchment
In the dynamic landscape of South African labour law, short-time work emerges as a strategic tool for employers and - READ MORE
Conflict of Interest and Moonlighting
Conflict of Interest and Moonlighting matters highlight a core principle of South African Labour Law: the principal statutes are - READ MORE
Cannabis Testing in The Workplace
Cannabis testing in the workplace has become a complex issue following the Constitutional Court’s 2018 ruling in Minister of - READ MORE