The Constitutional Court’s judgment in Maleka v Boyce N.O. and Others brought sharper clarity to what must be proven — and it strengthens the expectation that employees should use internal remedies before resigning.
February is a high-risk month for resignations. Here’s how South African employers can manage resignations properly, protect operations, and reduce legal exposure.
Discrimination based on criminal records can unjustly hinder job seekers from accessing fair employment opportunities. Learn how South African law addresses this issue and how employers can adopt fair hiring practices that promote inclusivity and legal compliance.
A new draft Code of Good Practice on Dismissal may soon change how South African employers handle terminations and disciplinary processes. Learn what to expect and how to stay compliant.
The Tempest Car Hire v Lebyane case serves as a pivotal reminder for South African employers to rigorously comply with labour laws concerning dismissals.
Learn about the legal guidelines for retrenchments and dismissals in South Africa, including Section 189 of the LRA and the principles of substantive and procedural fairness.
This blog post provides guidance on handling difficult or unproductive employees to maintain a constructive work environment. Key steps include recognizing problematic behavior, assessing the situation, providing constructive feedback, implementing a Performance Improvement Plan (PIP), considering reassignment or demotion, and termination as a last resort. Emphasis is placed on maintaining clear communication and fostering a positive workplace.
Retrenchment and redundancy in South Africa are governed by legal guidelines to ensure fairness. Employers must follow the Labour Relations Act, engage in consultations, apply objective selection criteria, and provide severance packages. Support services like counseling and job placement aid affected employees. Guidance by Labour Law with Luzan ensures lawful and considerate processes.
Constructive dismissal in South African employment law occurs when an employee resigns due to intolerable conditions created by the employer, as defined under Section 186(1)(e) of the LRA. Claims require proving the employer’s behavior left no reasonable alternative but to resign. Key issues include harassment, unfair changes, and unsafe environments.
A recent Labour Appeal Court ruling on a Woolworths employee’s fraudulent sick note case underscores the complexities of addressing such issues in South Africa. Employers face significant challenges in proving fraud while respecting employee rights. The ruling emphasizes the need for concrete evidence and a balanced approach in managing sick leave.
