Hearings, misconduct and getting the process right.
Incapacity or Poor Performance? Why Getting it Wrong Can Cost Employers Dearly One of the most frequent — and expensive — mistakes employers make is failing to distinguish between incapacity and poor work performance. While both may present as an employee “not meeting the require
Read articleWhy Procedural Fairness in Retrenchments Can’t Be Ignored 46 Employees’ Jobs Saved on Christmas Eve! On Christmas Eve, 46 employees narrowly avoided losing their jobs thanks to a critical Labour Court intervention. This outcome serves as a strong reminder to employers and employe
Read articleProceeding with a Disciplinary Hearing When the Employee Is Absent: What South African Employers Must Know In South African labour law, the maxim “audi alteram partem” — literally, “hear the other side” — remains a foundational requirement when disciplinary action is considered.
Read articleRetrenchment Pauses and Procedural Fairness: When Employers Must Restart Consultations The Labour Court has once again reaffirmed the importance of procedural fairness in retrenchment processes under section 189A of the Labour Relations Act (LRA), 66 of 1995. In NUMSA v ArcelorMi
Read articleLabour Court Clarifies Boundaries Misconduct Disguised as “Communication” Still Warrants Dismissal Case: Transnet v NTM obo Molope (2025)Court: Labour Court, Johannesburg The Labour Court’s decision in Transnet v NTM obo Molope (2025) offers a critical reminder that professional
Read articleHow to Rebuild Trust and Morale Following Disciplinary Actions Workplace disciplinary actions, internal investigations, or dismissals are sometimes unavoidable. While they may be necessary to uphold performance standards, legal compliance, and organisational culture, they inevita
Read articleThe Silent Profit Killer: Why Bad Hires Hurt More Than You Realise Every organisation knows that people are its greatest asset — yet one wrong hire can quickly turn that asset into a costly liability. A “bad hire” isn’t necessarily a bad person; it’s often a mismatch between the
Read articleThe Hidden Resignation: Spotting and Reigniting the Silent Quitter in your Team In every organisation, performance challenges and resignations are expected. Yet one of the most costly and overlooked risks in the workplace isn’t the employee who resigns — it’s the one who quietly
Read articleFair Dismissal Explained: A Guide for Employees Code of Good Practice: Dismissal Summary The Labour Relations Act protects employees against unfair dismissal. The Code explains what employers must do before ending employment and what employees’ rights are during a dismissal proce
Read articleProcedural Missteps Are Expensive: Why HR Must Follow the Rules The Labour Court has reminded both employers and commissioners that even in the relatively informal setting of CCMA and bargaining council proceedings, procedural fairness remains non-negotiable. In SAMWU obo Lotz v
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