When “Harassment” Is Not Harassment: The Labour Court’s Decision In La Foy
The judgment offers a clear and helpful delineation between true harassment and ordinary workplace friction. The EEA is not a catch-all for general dissatisfaction or perceived unfairness. For employers, the message is straightforward: act transparently, document your decisions, apply policies consistently and ensure your processes are fair. When you do, ordinary managerial actions—even if unpopular—will not, without more, constitute harassment or unfair discrimination.
One code to rule them all: The new code of good practice: Dismissal
4 September 2025 saw the implementation of the new Code of Good Practice: Dismissal (“the new Code”) replacing the long-standing Schedule 8: Code of Good Practice on Dismissal and the Code of Good Practice on Operational Requirements.
Dismissals for Poor Work Performance – an Employer’s Guide.
Employers should ensure that probationary and non-probationary employees are, amongst other things, aware of the required performance standards applicable to their position, give employees necessary guidance, counselling, mentoring and training to ensure satisfactory service, and to allow reasonable time for employees to improve the standard of their work performance. It is imperative that employers ensure that any dismissals relating to poor work performance are fully compliant with the Act and the Code of Good Practice: Dismissal (and any other applicable labour legislation).
Distinguishing between an employee vs an independent contractor relationship
The first port of call in most, if not all, labour disputes is to determine whether the individual involved qualifies as an “employee” in terms South African labour laws, or whether he/she is categorized as an “independent contractor”. The distinction between the two is significant, as it will cement the course to be navigated by more...
Summary Suspensions in Employment Law – Long or right?
Many, if not all, employers have had to grapple with the riddle of how best to deal with employees who have misconducted themselves to a degree requiring suspension, and how best to affect such a suspension (pending lawful disciplinary proceedings, of course) whilst giving effect to the employee’s fair process rights under South African employment more...
A closer look at polygraph testing in employment disputes
A polygraph test, more commonly known as a “lie detector test”, is a procedure commonly used to verify whether the person being tested is being truthful in their responses to a set of questions posed to them by the conductor of the test. The test seeks to record the relevant person’s bodily responses to the more...
Social media and the employer-employee relationship
Social media and the employer-employee relationship With the government effectively creating a temporary criminal offence to fight the spread of fake news and misinformation about COVID-19 on social media and online platforms, a lot of questions have arisen relating to employers’ risks when their employees use social media in such a way that the employer more...
Covid-19: Health and safety in the workplace
The Occupational Health and Safety Act, No. 85 of 1993 (“the Act”) aims to ensure the wellbeing, health and safety of employees in the workplace. In light of the seriousness of the Covid-19 pandemic, it is important to consider the effects the spread of the virus may have on the South African employer and specifically more...