How can employers win disciplinary cases at the CCMA? This article explains why disciplinary enquiries must be managed with arbitration in mind, covering investigations, charge formulation, procedural fairness, substantive fairness, evidence preparation, witness management, and CCMA readiness under South African labour law.

Can employees be dismissed for WhatsApp messages sent to colleagues? The Labour Court's decision in Weir Minerals Africa v NUMSA confirms that workplace communications which intimidate employees or discourage reporting misconduct can justify dismissal. Learn how the Court assessed the meaning of “impimpi”, the role of remorse, reinstatement, and the fairness of dismissal under South African labour law.

Can an employee be dismissed for failing to disclose a disciplinary record during a promotion interview? Learn how the Labour Court ruled in Hlangana v South African Local Bargaining Council, why misrepresentation was considered serious misconduct, and what the case means for employers, recruitment processes, workplace integrity, and trust-based employment relationships.

In South African labour law, disputes often begin before a disciplinary hearing reaches the CCMA. Section 188 of the Labour Relations Act requires employers to prove both substantive and procedural fairness. Delays, inconsistent treatment, weak documentation, and poor communication increase legal risk. The 2025 Code of Good Practice on Dismissal highlights early intervention, fair process, and proper employee engagement as essential tools for reducing workplace disputes and c

Understand the difference between absenteeism, abscondment, and desertion in South African labour law. Explore how the 2025 Code of Good Practice on Dismissal guides employers on desertion policies, tracing employees, procedural fairness, dismissal processes, and defensible workplace decisions.

MLLU BotBuddy 2026 is a labour law AI assistant built for South African employers, HR professionals, ER practitioners, and legal teams. Trained on labour law update content and South African case law from 2023 onward, it helps users search cases, generate policy clauses, create compliance checklists, and support disciplinary and workplace processes. Delegates attending the Mid-Year Labour Law Update 2026 receive exclusive six-month access.

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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