Labour Guide South Africa

“Dishonest” may not mean what you think

The word “dishonesty” carries enormous weight in the workplace. It is a label that, once affixed to an employee, can justify the ultimate sanction of dismissal. Yet how often do we pause to consider whether the conduct in question truly wa...

When silence becomes complicity: Constructive dismissal, workplace bullying and the cost of doing nothing

Constructive dismissal remains one of the more difficult claims to prove in South African labour law. Employees must do far more than demonstrate that the workplace was unpleasant or that the...

Fair process beyond the workplace: Natural justice in discipline within a religious community

When we think of disciplinary hearings, we tend to picture the workplace: an employer, an employee and a body of law developed to hold the two in a fair process. Yet the demands of fairness are not confi...

LAC confirms that valid mutual separation agreements preclude unfair dismissal claims

Can an employee who has signed a mutual separation agreement later claim unfair dismissal on the basis that the agreement was, in substance, a retrenchment? In WBHO Construction (Pty) Ltd v Masenye NO and Ot...

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