The new Code of Good Practice: Dismissal (2025) builds on Schedule 8 but introduces a more structured approach to misconduct cases. This article explains how to determine guilt, assess sanction, apply consistency, and evaluate trust, harm, and fairness in disciplinary processes under South African labour law.

The Kunene v Akani Egoli judgment is a major warning to South African employers: disclosures made during grievance processes can qualify as protected disclosures under the Protected Disclosures Act. This article explains the case, the legal protections for whistleblowers, the risks of retaliation, and why every organisation needs a clear whistleblowing policy and trusted internal reporting channels.

Effective workplace discipline in 2026 requires fair processes, strong evidence, and consistent decision-making. This article explores how to manage misconduct, conduct disciplinary hearings, and reduce unfair dismissal risk through structured, legally sound practices.

A Labour Appeal Court ruling involving Standard Bank clarifies when negligence and failure to follow internal policies justify dismissal. The case highlights the importance of clear procedures, employee accountability, and the duty of honesty and fidelity expected in the financial services industry.

A landmark Labour Court ruling clarifies that the Prescription Act does not apply to internal disciplinary proceedings. Employers may discipline historical misconduct, although unreasonable delays may still affect procedural fairness and CCMA outcomes.

Annual Employment Conference 2026 brings together HR, ER and business leaders to unpack how artificial intelligence, labour law reform, productivity pressure and governance risk are reshaping the workplace. The event focuses on practical implementation, defensible decision-making, workforce capability and building trust in a rapidly evolving employment landscape.

South African labour law recognises competent verdicts in disciplinary enquiries, where an employee may be found guilty of misconduct not precisely reflected in the charge sheet. The decisive test is prejudice: whether the employee understood the factual conduct, had a fair opportunity to defend themselves, and would not have defended differently. This article unpacks leading cases and offers practical guidance for HR and chairpersons on substance over form.

The Labour Court has ruled that dismissing an employee for seeking alternative work violates constitutional rights. Grounded in Section 22 of the Constitution, this judgment warns employers that non-solicitation clauses restricting job-hunting are unenforceable. The article explores why trust and culture matter more than control, and how proactive retention tools outperform punitive contracts.

Advance your HR career with the Advanced Occupational Certificate: HRM Officer (NQF 6). This qualification equips HR professionals to move from admin and transactional tasks into true strategic partnership. Blend knowledge, practical skills, and workplace application to manage talent, design organisations, support employment relations, and align people strategy with business goals in a fast-changing, digitally enabled workplace.

The Labour Appeal Court overturned a ruling that an ethical hacker at Sanlam was constructively dismissed, finding he resigned voluntarily and had not proven intolerable working conditions. Mental-health arguments raised only at review were rejected, with the Court confirming that incapacity and constructive dismissal must not be conflated. The CCMA’s original finding was restored, offering clarity on mental-health claims in dismissal disputes.

The Labour Appeal Court in CCI Call Centres (Pty) Ltd v Pinn [2025] ZALAC 24 upheld an employee’s dismissal for gross insubordination and insolence after he refused to process payroll codes and insulted the CFO. The Court ruled reinstatement inappropriate due to the breakdown of trust, criticising the Labour Court for re-hearing the case instead of applying the reasonableness test. The Arbit­rator’s one-month compensation award was reinstated.

The Labour Court in Ndzeru v Transnet National Ports Authority [2023] ZALCCT 11 upheld the dismissal of an employee jailed for attempted hijacking. Absent for over seven weeks, the worker was dismissed for incapacity after bail was twice denied. The Court ruled the process fair, noting union representation and no duty for a post-dismissal hearing in incarceration cases. The judgment affirms operational fairness and employer rights where absence stems from imprisonment.

Swearing at a boss may feel impulsive, but in South African labour law, emotional outbursts seldom excuse misconduct. The Labour Relations Act recognises verbal abuse toward senior leaders as gross misconduct and insubordination. Dismissal can be fair if trust breaks down and procedures are followed. While stress or provocation may mitigate, the law prioritises respect, discipline, and procedural fairness over emotional impulse.

The Constitutional Court has clarified whether dismissal after retirement age is automatically unfair under the Labour Relations Act. In MISA v Great South Autobody CC [2024] ZACC 29, the Court split on whether dismissal months after the agreed retirement age amounts to unfair age discrimination. While some judges argued that delay could waive the employer’s right, the majority held that section 187(2)(b) allows dismissal at any time after the agreed retirement age, provided

Navigate strikes legally and strategically in SA: manage risks, ensure compliance, and protect business continuity with effective strike management.

SA's new laws target qualification fraud—employers must verify credentials or face legal and financial penalties. Are you prepared?

Dismissal upheld: Employee involved in illegal money-lending at work loses review bid despite claiming it was a stokvel under the NCA.

Workplace surveillance in South Africa must balance legal compliance with privacy rights. Know your responsibilities under POPIA, RICA, and more.

A recent court case questions if employees should be fired for obeying unlawful orders. Are power dynamics in the workplace fairly judged?

Off-duty misconduct can lead to dismissal in SA law. Learn how the nexus test, social media, and fairness standards impact employee accountability.