South African labour law generally requires precautionary suspension to remain on full pay. But recent Labour Court rulings confirm that employers may convert suspension to unpaid where employees deliberately delay disciplinary hearings through postponements, sick notes, or abuse of process. Learn what the law says and what employers should document.

Can an employee stop a disciplinary hearing with a doctor’s note? This article explains South African labour law on sick notes, postponements, hearsay evidence, and in absentia hearings. It unpacks key cases showing why a certificate saying “unfit for work” may not be enough to justify non-attendance at a disciplinary enquiry.

The Mid-Year Labour Law Update 2026 gives South African employers a clear view of key legal developments, case law, and compliance risks from the first half of the year. Learn how to adjust policies, strengthen processes, and prepare for emerging workplace challenges before they escalate.

When does one incident justify multiple disciplinary charges? This article explains the legal test for splitting charges in South African labour law, with key case insights on fairness, evidence, and how employers should draft defensible charges.

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.

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.

South Africa’s whistleblower framework is under growing pressure to evolve. This article explores how the Protected Disclosures Act and Labour Relations Act interact in the workplace, why current protections are seen as inadequate, and how proposed reforms may expand employer duties, strengthen anti-retaliation measures, and reshape whistleblowing as a core governance and employment law issue.

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.

The Labour Court reviewed a dismissal dispute involving a private note written during disciplinary proceedings, emphasising that arbitration awards cannot rely solely on documents without properly tested evidence. The judgment reinforces procedural fairness and evidentiary standards in CCMA dismissal cases.

COSATU has announced protected protest action under Section 77 of the Labour Relations Act on 26 February 2026. Employers must understand employee protections, no work no pay rules, and operational risks. This guide explains legal obligations, payroll implications, and practical steps employers should take to manage protest-related disruption lawfully and effectively.

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 Appeal Court confirmed the fair dismissal of 19 employees involved in strike-related misconduct at Polyoak Packaging, clarifying how interdict breaches, video evidence, and consistent disciplinary standards influence dismissal disputes.

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.

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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 Labour Appeal Court in Gauteng Department of Education v GPSSBC [2025] ZALAC 2 upheld the dismissal of four officials linked to a R2 million ghost employee scam. Despite earlier reinstatement rulings, the LAC found the employees’ failure to safeguard or explain compromised login credentials made them accountable. The Court ruled the dismissals substantively and procedurally fair, reinforcing accountability in public-sector payroll and IT access control.

A significant ruling, delivered on 29 August 2024, in the matter of UMICORE CATALYST SOUTH AFRICA (PTY) LTD V NUMSA AND OTHERS (PA3/23)...

Workplace romances aren’t banned in SA law, but fair policies on disclosure, conflicts, and conduct are vital for trust and compliance.

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