Law Resources

In today’s high-pressure work environments, performance expectations are often stringent, particularly in industries requiring tight deadlines and large-scale project execution

Dismissal for cell phone use at work often arises in contexts where such use compromises safety, productivity, or confidentiality. The Labour Court was tasked to review an arbitration award which upheld the substantive fairness of the dismissal of the Employee, for the use of his cell phone for private purposes whilst working with machines and who was in fact injured consequently

The importance of mental health cannot be overstated. While traditionally associated with physical safety, workplace health has evolved to include mental health, an equally critical aspect of employee productivity and satisfaction.

Whistleblowing simply put is the act of exposing illegal, unethical, or harmful activities within an organization. In South Africa, this critical role is safeguarded by the Protected Disclosures Act 26 of 2000 (PDA),

Employers may claim operational reasons as a basis for terminations as long as the reasoning is related to what may be considered a "similar need”.

Having an excellent service record does not save you from being fired or dismissed for serious misconduct.

How critical is a thorough investigation? A robust investigation is essential to build a strong case and to maintain fairness in the process.

The Department of Employment and Labour has published a new Draft Code of Good Practice on Dismissals. The Draft Code was gazetted in accordance with the Labour Relations Act (LRA) on 21 January 2025.

Guaranteed annual leave was never intended to act as a kind of piggybank available for employees to use in generating a lucrative cash pay-out when they quit the job.

Explore the principles of bumping in retrenchments, including horizontal and vertical bumping, and insights from South African Labour Appeal Court rulings on fair dismissal practices.

An employer may refuse to accept a resignation that is not compliant with notice requirements, but cannot refuse one that follows the contract or legal regulations.

An employer is not expected to endure an employee’s prolonged absence from work for incapacity due to ill health and it may, if it is fair in the circumstances, exercise an election to terminate the employment relationship.