COUNSELLING, DISCIPLINE, & OPERATIONAL REQUIREMENTS IN THE HAIRDRESSING, COSMETOLOGY, AND BEAUTY INDUSTRY

In the dynamic and client-focused industry of hairdressing, cosmetology, and beauty, ensuring a harmonious and productive work environment is essential. Yet, challenges often arise when staff performance or conduct does not meet expectations. One persistent area of uncertainty is deciding whether to address issues through counselling, discipline, or in more complex cases, operational requirements. Understanding when to apply each is not only vital for maintaining staff morale and compliance with labour laws but also for protecting your business from costly legal disputes.

Discipline vs Counselling: Understanding the Difference

Many employers confuse poor performance with misconduct, but these are fundamentally different issues requiring separate procedures.

Disciplinary Procedures: When Rules Are Broken

Disciplinary action applies when an employee violates a known rule or standard in the workplace. Misconduct is behavioural — it is always the fault of the employee and cannot occur by accident.

Examples include:

• Repeated lateness

• Disrespecting clients or colleagues

• Theft or dishonesty

• Refusal to follow salon policies or instructions

For discipline to be fair and legally sound:

• The rule must exist and be reasonable

• The employee must be aware of it

• The rule must be consistently enforced

• The employer must follow a fair procedure, including giving the employee a chance to respond

Disciplinary steps vary by severity and include verbal warnings, written warnings, final written warnings, suspension with pay, and ultimately dismissal. According to CCMA guidelines, dismissal should be a last resort for serious offences or repeated misconduct.

Counselling: When Performance Falls Short

Counselling, by contrast, applies when the employee fails to meet performance standards, not because of misconduct, but due to incapacity, lack of skill, motivation, or external factors beyond their control.

In the beauty industry, this may include:

• An inability to meet targets (e.g. upselling products or meeting appointment bookings)

• Struggling to learn new techniques or use new equipment

• Poor client service due to stress or personal challenges

In these cases, the employer must:

1. Evaluate the employee’s performance.

2. Identify the gaps between expected and actual outcomes.

3. Counsel the employee, offering support and guidance.

4. Provide training or additional resources if necessary.

5. Allow reasonable time (typically no more than 2–3 months) for improvement.

6. If improvement doesn’t follow, move to a final warning, then possible dismissal.

Letting poor performance drag on for 3-6 months or more, without conclusion, does not benefit the business and undermines fairness.

Operational Requirements: When the Business Must Change

Occasionally, an employer may face structural, economic, or technological changes that require the business to downsize or restructure. These are called operational requirements and fall under Section 189 of the Labour Relations Act (LRA). Dismissals under this category are known as "no fault" dismissals, meaning the employee is not being dismissed for misconduct or incapacity.

Examples in the hair and beauty sector include:

• Closing a branch

• Removing a specific role due to automation or changing trends

• Shifting from walk-in to appointment-only models that require fewer front-desk staff.

However, caution is critical. Employers sometimes use “operational requirements” as a mask for incapacity or misconduct-related dismissals. For instance, dismissing a poorly performing stylist under the guise of restructuring is unlawful.

The Legal Standard: Fairness and Consultation

The Labour Appeal Court in SACTWU v Discreto held that employers must consult with employees before retrenching. The decision to retrench must be the final step, not the first.

Employers must demonstrate:

• That the dismissal is genuinely based on operational needs

• That they explored alternatives during a consultation process

• That retrenchment was a rational and reasonable decision, not a disguised form of dismissal for performance or conduct issues

Furthermore, premature termination of a fixed-term contract for operational reasons, as ruled in Buthelezi v Municipal Demarcation Board, is substantively unfair.

Practical Advice for Salon and Spa Owners

1. Document Everything: Keep records of rules, performance expectations, warnings, and counselling sessions. This protects you during legal scrutiny.

2. Train Managers: Supervisors and salon owners must understand the distinction between behaviour (misconduct) and performance (incapacity).

3. Be Consistent: Apply rules fairly and uniformly to all employees. Selective discipline invites claim of unfair labour practice.

4. Consult Before Retrenchment: Always hold a genuine consultation process before making roles redundant. Do not shortcut by repurposing dismissal grounds.

5. Seek Expert Help: If in doubt, consult with your EOHCB representative, especially before dismissing for operational reasons or handling long-term underperformance. The Main Collective Agreement of the National Bargaining Council for Hairdressing, Cosmetology, Beauty, and Skincare Industry has specific prescribed processes which an employer needs to adhere to and meet when considering actions relating to operational requirements.

Clear Distinctions, Fair Procedures

It depends entirely on whether the issue is behavioural or performance related. Understanding and applying the right process is not only good practice — it’s a legal imperative. And when structural business changes arise, employers must handle operational requirements transparently and lawfully.

In the beauty industry, where reputation and people are everything, fairness and clarity in these processes preserve not only legal compliance but the integrity and growth of your brand.