Written by Jaco Parkin Workplace discipline is a necessary component of organisational governance. However, when misconduct is alleged, the employer is not at liberty to act arbitrarily. Disciplinary action - particularly where dismissal is a possible outcome - must comply with the principles of substantive and procedural fairness as required by section 188 of the Labour Relations Act 66 of 1995 (LRA) and the Code of Good Practice on Dismissal. A disciplinary hearing is therefore not merely...

Written by Melissa Eales In the hair and beauty industry, technical skill will always be essential. Precision cutting, advanced colour techniques, skin knowledge, and product expertise form the backbone of professional credibility. However, in a client-facing industry such as ours, emotional intelligence (EQ) is often the true differentiator between a one-off appointment and a long-term, loyal client relationship. Emotional intelligence is not simply a buzzword or a “soft skill.” It is a...

Written by Limya Kamaldien It is easy to overlook the fine print of labour law until a dispute arises. In AMCU obo Mkhonto and Others v CCMA and Others (JR2266/17) , employees refused to work overtime without prior agreement. The CCMA upheld their dismissals, but the Labour Court overturned the decision, ruling that Section 10 of the Basic Conditions of Employment Act (BCEA) requires explicit agreement. Tacit consent is not enough. Refusal to work overtime without agreement is not...