Labour Law Insights
Magate Phala & Associates regularly publishes professional insights and commentary on developments in South African labour law and workplace governance.
Our insights are designed to assist organisations in understanding evolving legal frameworks and best practices in labour relations.
- Workplace discipline and dismissal jurisprudence
- CCMA and Labour Court developments
- Workplace investigations and procedural fairness
- Collective bargaining and labour relations
- Governance and institutional accountability
Articles
Applying A Final Written Warning As A Suitable Disciplinary Measure To Address And Correct The Employees Behaviour
Final written warnings constitute a crucial element within the disciplinary framework of any Organisation. They afford employers the opportunity to communicate to employees that their conduct is deemed unacceptable, emphasising…
Effective Management Of Incapacity Cases Due To Poor Work Performance
Poor work performance, or incapacity, is dealt with in Schedule 8 of the Labour Relations Act no. 66 of 1995, and refers to the inability of an employee to perform in terms of the employer’s expectations pertaining to quantity, quality or both.
Unreasonable Delay In Finalising Disciplinary Action May Lead To Procedural Unfairness
Item 2 (1) of Schedule 8 (Code of Practice: Dismissal) read in conjunction with section 188 of the Labour Relations Act, 66 of 1995, provides that a dismissal is unfair if it is not effected for a fair reason and in accordance with a fair procedure, even if it complies with any notice period in a contract of employment or in legislation governing employment.
The Sanction Of A Disciplinary Hearing Must Be Fair And Appropriate
Item 3(4) of sch 8 (Code of Good Practice: Dismissal) of the Labour Relations Act 66 of 1995 provides that’generally, it is not appropriate to dismiss an employee for a first offence, except if the misconduct is serious and of such gravity that it makes a continued employment relationship intolerable.
Employers May Be Justified to Hold A Disciplinary Hearing in Employees’ Absence under Certain Circumstances
Item 4 (1) of Schedule 8 (Code of Practice: Dismissal) of the Labour Relations Act, 66 of 1995 as amended, provides that normally the employer should conduct an investigation to determine whether there are grounds for dismissal.