Tag: CCMA

Angry employers too often fire errant employees in anger. However, there is no place for anger in the implementation of discipline. This is because the resultant hasty action is likely to trip the employer up at the CCMA. This risk is central when firing employees in anger. A case in point is that of Marcel Pharmacy (Pty) Ltd vs Justine Afrika (SAFLII 11 March 2026, Labour Court case NO: C337/2023). Here, the employee switched off the lights of the pharmacy where she worked.

Whether you are a business owner or responsible for Human Resources (HR), the issue of cannabis use among employees will likely arise at some point. According to research released by the United Nations in 2020, about 3% of the South African population reported Cannabis use. That equals roughly 2 million people.

When arbitrators and judges assess whether a dismissal was fair, they must apply the objective test. In simple terms, they must decide whether a reasonable person would conclude that the conduct justified dismissal. This assessment must remain unemotional and evidence-based. However, misunderstanding the objective test often leads to incorrect conclusions.

In many organisations, operational breakdowns do not stem from incompetence. Instead, they stem from unclear responsibility. When problems arise in the workplace, the most common explanations are predictable: “I thought HR was dealing with that”, “Management should have handled it”, or “That’s not my function”.

South African labour law is often accused of being “too employee-friendly”. Employers complain that the Commission for Conciliation, Mediation and Arbitration (CCMA) favours workers, that dismissal has become impossible, and that labour regulation is strangling business.

The Essential Services Committee (ESC) has published a notice in terms of section 71, read with section 70(B)(1)(d) of the Labour Relations Act No 66 of 1995 (LRA). The notice announces an investigation into whether certain aviation services should be designated as essential services. The ESC published the notice on 23 January 2026. It arrives at a volatile moment for South Africa's aviation industry.

On 12 September 2025, the Labour Court handed down judgment in Nedbank Limited vs Olwage and Others. The court set aside an arbitration award that had found the dismissal of a former employee substantively unfair. The judgment provides critical guidance on how decision-makers should assess harassment allegations. It also clarifies the role of arbitrators. Importantly, it reinforces the need for a victim-centred lens.

Deciding to leave your job is a significant step, but knowing how to resign properly under South African law can make the difference between...

Nerine Kahn spent 10 years fixing the CCMA. What a decade of achievement! A superb interview conducted with a straight shooter. In 2006 Nerine Kahn moved from the Department of Labour to the CCMA leaving a LEGACY PAR EXCELLENCE in her wake when she left in 2016. Essential listening for insight into the CCMA.

Is the dismissal of an employee, who compares a fellow employee to a monkey, fair, if the employee doing so alleges the statement was made in a friendly and inoffensive manner, according to the employee’s culture?