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Consistency in workplace discipline is not merely an HR preference, but a central component of fairness in South African labour law. For employers and HR practitioners, inconsistency in disciplinary action can turn an otherwise defensible dismissal into a substantively unfair one. Section 188 of the Labour Relations Act (LRA) provides …

Poor work performance is ordinarily dealt with as a form of incapacity, not misconduct. The distinction matters because incapacity focuses on the employee’s inability to meet the required standard, whereas misconduct concerns blameworthy breach of rules. Under South African labour law, a dismissal will be fair only if the employer …

Theft and shrinkage remain persistent challenges for employers in the wholesale and retail sector. Whether it involves stock disappearing from a warehouse, till shortages, unauthorised discounts, collusion with customers, or manipulation of inventory systems, the financial impact can be significant. However, even where an employer strongly suspects misconduct, the investigation …

Employers regularly deal with conflict and altercations in the workplace. Sometimes these interactions might result in an employer unfairly dismissing an employee by failing to follow a proper procedure or to give the employee an opportunity to state their case. A topic that is not always discussed in depth or …

Health and safety in the workplace is a matter of life and death, depending on the environment of course. When an employee is injured or develops a disease due to (prolonged) exposure to harmful products, both the employer and employee have a role to play. The Legal Framework The Code …