Labour Relations South Africa

  The proposed Draft Code on Good Practice on Dismissal has sparked strong opposition from trade unions while receiving cautious approval from legal experts. The key debate revolves around whether the new code provides necessary flexibility for businesses or erodes workers' rights. Key Concerns from Trade Unions (GIWUSA & SAFTU) Greater Employer Flexibility: The code allows employers more leeway in handling dismissals, particularly regarding probationary employees and procedural requirements . Less Formal Disciplinary Processes: Particularly for small businesses , reducing their obligation to have formal disciplinary procedures. Expansion of Incapacity Grounds: New provisions include supervening impossibility (e.g., imprisonment) and incompatibility , which could lead to more dismissals. Risk of Procedural Unfairness: Lack of clear definitions for what constitutes a small business and what "less formal" means. Involvement in Nedlac Negotiations:...

  Most Workplace Disputes Start with One Tiny Mistake—Are You Making It? I t started with a simple misunderstanding. James, a dedicated employee of five years, had been feeling overwhelmed. His manager, Sarah, noticed his performance slipping and decided to have a quick chat about it. In passing, she said, "If you’re not happy here, maybe it’s time to move on." James, already on edge, took it as a push to resign. Without a formal discussion or exit interview, he submitted his resignation letter. Two weeks later, Sarah was hit with a CCMA case for constructive dismissal. Her mistake? Underestimating how a single sentence could be interpreted. The One Tiny Mistake That Starts Big Problems M ost workplace disputes don’t begin with major infractions—they start with small errors in communication, inconsistent policies, or a failure to address issues early. What seems like a casual remark, a minor oversight, or an assumption can spiral into legal trouble. The High Cost o...

  "You Are Fired. So What Now?" Losing a job can feel like the ground has been ripped from beneath you. Whether it was expected or came as a shock, being fired stirs up emotions—anger, fear, confusion, even relief. But while it may seem like the end of the road, it’s actually a turning point. The question is: What do you do next? Step 1: Take a Breath & Process What Happened G etting fired can feel personal, but it’s often just business. Whether it was poor performance, company restructuring, or a bad cultural fit, the key is not to dwell on blame but to learn from it. Ask Yourself: ✔️ Was the termination justified? ✔️ What feedback did they give me? ✔️ Are there patterns in my work history? ✔️ What can I improve for my next role? 📌 Case Study: John’s Wake-Up Call John, a mid-level manager, was fired for not meeting KPIs. At first, he blamed his employer, but after reflection, he realized he had been resistant to feedback. Instead of feeling sorry for himself, he too...