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SELECTION CRITERIA, SEVERANCE PAY & ALTERNATIVES TO RETRENCHMENTS
Written by Phumzile Eliya Few decisions are as difficult for an employer as retrenching employees. Within the hairdressing, cosmetology, beauty and skincare industry, economic pressures, declining client demand, rising operating costs, changing consumer behaviour and increasing overheads have forced many establishments to reconsider their staffing structures. While retrenchment may sometimes become unavoidable, South African labour legislation makes it clear that it must alwa
EOHCB National
2 days ago


CONSTRUCTIVE DISMISSALS
Written by Dineo Sedibeng One of the most frequently misunderstood concepts in South African labour law is constructive dismissal. Employers are often surprised when an employee who has resigned subsequently refers a dispute to the CCMA, claiming that they were, in fact, dismissed. Understanding what constitutes constructive dismissal, and, equally important, what does not, can help employers manage workplace issues fairly while reducing the risk of costly disputes. What is C
EOHCB National
Jul 3


CONSULTATION OBLIGATIONS UNDER SECTION 189: THE CODE OF GOOD PRACTICE DISMISSAL & HCSBC COLLECTIVE AGREEMENT
Written by Hulisani Ravhudzulo South Africa's Hairdressing, Cosmetology, Beauty, and Skincare Industry continues to face significant commercial pressures. Increasing operating costs, rising rental expenses, changing consumer spending patterns, technological advancements, competition from informal businesses and economic uncertainty often compel salon owners and employers to restructure their businesses. In some circumstances, these operational challenges may result in retrenc
EOHCB National
Jul 3


UNDERSTANDING OPERATIONAL REQUIREMENTS DISMISSALS
Written by Jana Ferreira The Hairdressing, Cosmetology, Beauty, and Skincare Industry is built on personal skill, client relationships, and the agility of a small business. Salons and spas across the country range from single-chair operations to multi-branch enterprises, yet all share one common truth: business conditions change. Economic downturns, shifting client preferences, and the ever-present pressure on margins can force even a well-run salon to reconsider its staffing
EOHCB National
Jun 25


SETTLEMENT & MUTUAL SEPARATION AGREEMENTS
Written by Melissa Eales In the hairdressing, cosmetology, beauty, and skincare industry, where working relationships are often close-knit and salon environments are small, the manner in which employment ends can significantly affect staff morale, client loyalty, and the establishment's reputation. Whether an employer and employee have reached an impasse, or a dispute has arisen following a dismissal, having the right agreement in place, correctly drafted and freely entered i
EOHCB National
Jun 18


NOTICE PERIODS, FINAL PAY & EXIT COMPLIANCE
Written by Mamotuku Khaole Terminating an employment relationship is rarely easy. Whether an employee resigns, is dismissed for misconduct, is retrenched due to operational requirements, or exits through a mutual separation agreement, employers have several legal obligations to fulfil before the employment relationship officially comes to an end. Employers often focus on the reason for termination but overlook the administrative and compliance requirements that follow. Failur
EOHCB National
Jun 11


RESIGNATION, CONSTRUCTIVE DISMISSAL & ABSCONDING FROM EMPLOYMENT
Written by Siphesihle Mthombeni The hairdressing, cosmetology, beauty, and skincare industry is one of the most people-centred sectors in South Africa. Salons, spas, barbershops, nail studios and skincare clinics rely heavily on teamwork, professionalism, customer service and trust between employers and employees. Due to the fast-paced and highly interactive nature of the industry, disputes relating to resignations, dismissals and absenteeism frequently arise in the workplace
EOHCB National
Jun 5


AUTOMATICALLY UNFAIR VERSUS SUBSTANTIVELY UNFAIR DISMISSALS
Written by Dane Frost Dismissing an employee is one of the most consequential decisions any employer or manager will ever make. Get it right, and you protect your business, maintain team morale, and comply with the law. Get it wrong, and you may find yourself across a table at the Commission for Conciliation, Mediation and Arbitration (CCMA), a Bargaining Council, or even the Labour Court, facing a compensation award that runs into tens of thousands of rands, or a reinstateme
EOHCB National
May 27


WHEN INCAPACITY MAY JUSTIFY DISMISSAL
Written by Nkosana Mazibuko The Practitioner Who Couldn't Lift Her Arms Your most experienced colourist arrives on a Monday morning with a diagnosis: a shoulder condition, three months off minimum, possibly longer. Your establishment is short-staffed; clients book her specifically and rent and wages are still due. What are you legally allowed to do? This is the reality many salon/spa owners face. Incapacity is one of the most misunderstood areas of South African labour law an
EOHCB National
May 21


ILL HEALTH, INJURY & MEDICAL INCAPACITY: EMPLOYERS' DUTIES
Written by Janine van Eck In the fast-paced environment of South Africa's hairdressing, cosmetology, beauty, and skincare industry, employees are routinely exposed to physical and emotional demands, including prolonged standing, repetitive hand movements, chemical exposure, and sustained client interaction. These conditions frequently give rise to incapacity-related challenges requiring careful and lawful employer intervention. When ill health, workplace injury, or medical in
EOHCB National
May 13


MANAGING PERSONAL INTERESTS THAT DISRUPT WORKPLACE RELATIONS - A GUIDE FOR EMPLOYERS
Written by Mamotuku Khaole The hairdressing, cosmetology, beauty, and skincare industry is built on close collaboration, trust, and professionalism. Establishments are intimate environments where employees work side by side, often forming strong personal bonds. While these relationships can enhance teamwork, they also carry risks when personal interests outside the workplace, such as lending money, romantic involvement, or running side businesses, spill into professional dyna
EOHCB National
May 6


MANAGING POOR WORK PERFORMANCE FAIRLY & LAWFULLY
Written by Dineo Sedibeng The Code of Good Practice on Dismissals emphasises that poor performance (incapacity) must be managed through a supportive and corrective process, rather than immediate disciplinary action. The primary objective is to assist the employee in meeting the required standards before dismissal is considered as a last resort. Poor work performance, often referred to as incapacity due to poor performance, arises when an employee fails to meet the required st
EOHCB National
May 6


THE LEGAL DISTINCTION BETWEEN MISCONDUCT, INCAPACITY & POOR PERFORMANCE
Written by Hulisani Ravhudzulo The Hairdressing, Cosmetology, Beauty, and Skincare Industry is one of the most service-driven sectors in South Africa. Establishments within this sector rely heavily on employee skill, professionalism, client care, hygiene compliance, and operational efficiency. Hairdressers, nail technicians, beauty therapists, barbers, receptionists, and establishment managers are expected to perform at high standards because client satisfaction directly impa
EOHCB National
Apr 29


CHAIRPERSONS - OUTCOMES & DRAFTING DEFENSIBLE DISCIPLINARY FINDINGS
Written by Jana Ferreira Imagine spending days dealing with a serious misconduct case, gathering evidence, suspending an employee, following every internal step, only to have an arbitrator set aside the dismissal because the charge sheet said “theft” when it should have said “unauthorised removal of company property.” Or because the chairperson made a recommendation without explaining how they weighed the evidence. These are not hypothetical disasters. They happen every day a
EOHCB National
Apr 22


PROGRESSIVE DISCIPLINE - THE ROLE & PURPOSE OF WARNINGS
Written by Choert Maartens Jane breathed in the familiar smell of shampoo and hairspray as she unlocked the establishment at 7:30 a.m. The morning light pooled across the polished floor, and the row of colour swatches glinted like a small, ordered world. For the first hour, everything hummed along: a steady trickle of regulars, the kettle on, music at a comfortable level. Then Lindiwe arrived again late. This was the third time in a month. Clients had been kept waiting, appoi
EOHCB National
Apr 16


MANAGING MISCONDUCT INVESTIGATIONS CORRECTLY
Written by Melissa Eales Navigating Procedural and Substantive Fairness in the workplace with the new Code of Good Practice on Dismissal (2025) - In a hair and or beauty establishment, an employee's repeated misconduct triggers a formal investigation. Whether the employer handles this process fairly, both procedurally and substantively, will determine whether any eventual dismissal can be defended at the National Bargaining Council for the Hairdressing, Cosmetology, Beauty an
EOHCB National
Apr 8


PROCEDURAL VERSUS SUBSTANTIVE FAIRNESS IN DISCIPLINARY ACTION
Written by Mamotuku Khaole In South African labour law, fairness is the cornerstone of any disciplinary action, particularly where dismissal is contemplated. The Labour Relations Act 66 of 1995 (LRA), read together with the Code of Good Practice: Dismissal (Schedule 8), establishes that a dismissal will only be considered fair if it satisfies two essential requirements: substantive fairness and procedural fairness. For small and medium enterprises (SMEs) in the hairdressing,
EOHCB National
Apr 1


PAYSLIPS, DEDUCTIONS & LAWFUL REMUNERATION PRACTICES
Written by Siphesihle Mthombeni The hairdressing, cosmetology, beauty, and skincare industry is a dynamic and service-driven sector that contributes significantly to both personal care and the broader economy. While technical skills and client satisfaction are often prioritised, understanding financial aspects such as payslips, deductions, and remuneration is equally important. These elements determine how employees are compensated and whether labour practices are fair, trans
EOHCB National
Mar 26


PUBLIC HOLIDAYS, SUNDAYS, & NIGHT WORK - EMPLOYER OBLIGATIONS
Written by Jana Ferreira If you operate an establishment in the Hairdressing, Cosmetology, Beauty, and Skincare Industry, Public Holidays, Sundays, and Night Work are not just scheduling issues; they are regulatory focus areas. Employers are required to comply with both the Main Collective Agreement for the Hairdressing, Cosmetology, Beauty and Skincare Industry, including any area-specific provisions, and the Basic Conditions of Employment Act (BCEA) when managing working ho
EOHCB National
Mar 18


ANNUAL LEAVE, SICK LEAVE, FAMILY RESPONSIBILITY, AND OR COMPASSIONATE LEAVE, & PARENTAL LEAVE - RECURRING ERRORS
Written by Carina Goncalves In many workplaces across South Africa, leave is still quietly treated as something that an employer “allows” rather than something employees are legally entitled to. In small businesses, especially, leave is often negotiated informally, postponed when the business gets busy, or handled according to what seems practical at the time. Yet the reality is very different. Leave is not a favour, but it is a statutory right. In South Africa, employee leav
EOHCB National
Mar 11
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