Labour Relations South Africa

“Could Your Business Survive a Labour Inspection in South Africa?” Many South African employers assume they are compliant until an inspection, injury, or CCMA complaint proves otherwise. The reality is that most fines and disputes are caused by: • Missing documents • Outdated procedures • Verbal processes with no proof • Managers following incorrect disciplinary steps One inspection can quickly expose these gaps. Quick Question If a Department of Employment and Labour inspector arrived today, could you produce all required compliance documents within 10 minutes? If you are unsure, you may already be exposed under the BCEA, LRA, or OHS Act. Free Compliance Risk Checklist To help employers identify risk before it becomes a problem, we created a free South African Workplace Compliance Risk Checklist . It takes 2 minutes to complete and shows your risk level. 👉Mail me at    joubertles@yahoo.com with the subject CHECKLIST and I will forward the checklist for free Les

  Collective Bargaining in South Africa: A Practical Guide for Employers and Employees Collective bargaining plays a central role in South Africa’s labour relations system. It is one of the most important mechanisms through which employees and employers negotiate working conditions, wages, benefits, and broader workplace issues. Given South Africa’s history and current economic realities, collective bargaining remains a powerful tool for promoting fairness, stability, and social justice in the workplace. This article explains what collective bargaining is, how it works in South Africa, who is involved, and why it matters in today’s business environment. What Is Collective Bargaining? Collective bargaining is a process of negotiation between employers (or employer organisations) and employees (usually represented by trade unions). The goal is to reach an agreement on matters of mutual interest , such as: Wages and salary increases Working hours and overtime Leave entitlemen...

  Why Every Business Needs a Clear Disciplinary Process. Have you ever faced a disciplinary issue at work that turned into a costly and stressful nightmare? You’re not alone. Thousands of businesses struggle because they don’t have a fair and structured disciplinary process. Whether you’re a small business owner, HR manager, or employee, understanding labour relations isn’t optional — it’s essential . That’s why I created an easy-to-understand, practical PDF manual that breaks down the entire disciplinary process step-by-step, with real-life examples, case studies, and legal tips tailored for South Africa. Why a Disciplinary Process Matters A clear, well-managed disciplinary process can: Prevent costly legal battles at the CCMA Build trust and fairness in your workplace Reduce conflict and absenteeism Protect both employers and employees Many companies make the mistake of skipping crucial steps or reacting emotionally, which leads to unfair dismissals and disp...

  🧱 Constructive Dismissal in South Africa: What It Means and What to Do “I didn’t quit… they pushed me out.” These are the quiet words of Thando, a dedicated warehouse supervisor who spent seven years building a reputation for hard work. But in her final months, things changed: her working conditions became unbearable, she was constantly micromanaged, and she was excluded from key meetings. Eventually, she felt forced to resign. This is what constructive dismissal often looks like—and it’s more common than many think. 🔍 What Is Constructive Dismissal? Constructive dismissal happens when an employee resigns not because they want to—but because the employer made the working environment intolerable . Under South African labour law , this is treated as a dismissal initiated by the employer , even though the employee resigned. In legal terms, it’s a form of unfair dismissal if the resignation was not voluntary , but due to the employer’s conduct. 📜 What the Law Says (L...

  Psychological Safety: The Missing Link to Workplace Well-being and Productivity Why Psychological Safety Matters More Than Ever Imagine working in an environment where you hesitate to voice concerns, fearing judgment or retaliation. Now, contrast that with a workplace where employees feel safe to speak up, share ideas, and admit mistakes without fear. The difference? Psychological safety. In today’s fast-paced corporate world, psychological safety is no longer a luxury—it’s a necessity. Companies that prioritize mental health and foster a culture of openness see higher engagement, innovation, and overall well-being. Case Study: Google’s Project Aristotle Google’s landmark study, Project Aristotle , sought to uncover what makes teams successful. The findings? Psychological safety was the number one factor in high-performing teams. Employees who felt safe to take risks and express themselves without fear of embarrassment or punishment were more collaborative, innovative, and produ...

  OHS in 2025: Are You Compliant or Just Hoping for the Best? The alarm went off at 5:00 a.m. on a chilly Tuesday morning. Thando, a newly appointed Safety Officer at a food processing plant in Paarl, was already wide awake—scrolling through updates about the latest amendments to the Occupational Health and Safety Act . His stomach turned as he read: “Failure to implement the new OHS regulations in 2025 could result in criminal liability for CEOs and Directors.” “Criminal?” he muttered. This wasn’t just about clipboards and checklists anymore. 🛑 The Myth of “We’ve Always Done It This Way” Thando’s first week was eye-opening. He found outdated safety files, no record of recent risk assessments, and supervisors who said things like: “We’ve never had a serious injury here. Why fix what’s not broken?” But in 2025, complacency is a risk all on its own. That same month, a nearby packaging company was fined R1.2 million after a machine guard was removed for “faster product...

  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...

  Your ‘Safety First’ Approach Might Be the Biggest Risk You’re Taking You’ve heard it countless times: "Safety first!" It’s the mantra many businesses live by, plastered on walls, included in every meeting, and emphasized in training. But what if I told you that safety first could be the biggest risk you’re taking? Before you dismiss that as controversial, let me explain. The Danger of "Safety First" Thinking The issue isn't with safety itself—of course, safety is vital. The problem comes when we treat safety as a checkbox to tick off rather than an integrated mindset in everything we do. The phrase “safety first” has become so ingrained that many businesses have reduced it to lip service. We follow procedures, hold the occasional safety meeting, and perhaps run a drill here and there. But are we truly embedding safety into the fabric of our workplace culture? Or are we simply paying it surface-level attention? When 'Safety First' Isn't Enough The i...

  Company Sexual Harassment Policy Effective Date: [Insert Date] Reviewed: [Insert Date] Policy Number: [Insert Number] 1. Purpose Our company is committed to maintaining a workplace free from sexual harassment where all employees are treated with dignity and respect. This policy aims to prevent, address, and provide clear procedures for handling sexual harassment to foster a safe and inclusive work environment. 2. Scope This policy applies to all employees, contractors, clients, suppliers, visitors, and anyone interacting with our organization, whether on-site, off-site, or through digital communication. 3. What Constitutes Sexual Harassment? Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature that: Creates a hostile, intimidating, or offensive work environment. Interferes with an individual's work performance. Is used as a basis for employment decisions (e.g., promotions, terminations). Examples of Sexual Ha...

When Justice Is Delayed: Power, Harassment, and the Fight for Fairness Harassment in the workplace isn’t just a violation of ethics—it’s a painful betrayal of trust.  When those in power exploit their positions, the damage cuts deeper, especially when the systems designed to protect us fail to respond.  The ongoing allegations of sexual harassment involving the Eastern Cape Judge President remind us that this issue isn’t confined to offices or factories—it reaches even into the heart of our justice system. For many, these cases reveal an unsettling truth: justice often moves at a snail’s pace, if it moves at all. Investigations stretch on for years, outcomes are elusive, and victims are left waiting, their lives in limbo.  In the silence of these delays, the message seems clear: power protects its own. When Power Hides Behind Systems Harassment thrives where power goes unchecked.  Whether in a boardroom, a government office, or even a courtroom, those at the top ofte...