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...

  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...

  Safety First: How Health and Safety Drive Workplace Success In any business, success is not just measured by profits or customer satisfaction but also by the well-being of its employees. Health and safety might seem like a mundane topic, but in reality, it's the foundation upon which successful, productive, and thriving workplaces are built. Ensuring a safe environment is not only a legal obligation but also a moral and strategic one, leading to happier employees and a stronger bottom line. Why Health and Safety Matter Imagine a bustling factory where workers operate heavy machinery. One day, due to a lack of proper safety measures, a small oversight leads to a serious accident. The injured employee requires months of recovery, operations slow down, and the company faces fines, compensation claims, and reputational damage. Now contrast that with a similar factory where health and safety are a priority. Clear guidelines are in place, employees receive regular training, and safety ...