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

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,

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

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

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

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 i

Written by Phumzile Eliya The hairdressing, beauty, cosmetology, and skincare industry operates in an environment where operational demands are fast-paced, and client expectations remain high. Employers in the personal care sector must manage staff performance, client satisfaction, hygiene requirements, and business sustainability, often under challenging conditions such as peak trading periods and fluctuating turnover. In such an industry, employment contracts play a critica

Written by Hulisani Ravhudzulo The hairdressing and beauty industry in South Africa is both vibrant and highly regulated. Salons, spas, and aesthetic clinics operate in an environment that demands flexibility, extended trading hours, and close interaction with clients. Employees may include hairstylists, beauty and nail technicians, massage therapists, assistants, receptionists, and commission-based earners, all of whom contribute directly to the success and reputation of the

Written by Dane Frost Employing staff on fixed-term, part-time or temporary arrangements may offer flexibility for salons and spas particularly, in an industry influenced by client demand, seasonality and staff availability. However, flexibility does not mean freedom from legal regulation. In South Africa, these forms of employment are strictly regulated by the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), the Employment Equity Act (EEA) and impor

Written by Nkosana Mazibuko The Employment Relationship & Contractual Compliance In the hairdressing, cosmetology, and beauty industry, contracts are often treated as the final word. But South African labour law tells a different story. The Constitutional Court in Kylie v CCMA (2010) made it clear: when deciding whether someone is an employee, substance prevails over form. In other words, it doesn’t matter what the contract says if the reality of the working relationship po

Suspension is one of the most sensitive tools available to an employer during a workplace investigation or disciplinary process. While it is temporary and does not terminate employment, it can have a significant emotional, reputational, and professional impact on the employee involved. For this reason, suspension must never be treated as a routine response to alleged misconduct. When applied incorrectly, it can expose an employer to claims of unfair labour practice and underm

The beauty industry thrives on creativity, personal interaction, and customer experience. Because of this, the behaviour, attitude, and professionalism of staff directly affect brand reputation, client retention, and workplace morale. Yet even the most skilled teams sometimes encounter difficult employees - individuals who resist instruction, display poor performance, or disrupt workplace harmony. Handling such situations requires firmness, fairness, and consistent applicatio

Restructuring can feel like mixing a new colour palette. For management, it may be exciting: a chance to refresh the business, introduce new systems, or strengthen leadership. For staff, however, it can feel daunting, even frightening, because it represents the unknown. In a salon, stylists may worry about losing their creative rhythm; in a spa, therapists may wonder how merged teams will share clients or adapt to new schedules. Conflict often arises in these moments of uncer

The intimate working environment of salons and spas presents unique challenges when addressing employee misconduct. Whilst industry operates within close-knit teams where informal communication often prevails, South African labour law nonetheless requires that employers adhere to fundamental principles of fairness when conducting disciplinary proceedings. Understanding how to balance procedural flexibility with legal compliance represents an essential skill for salon and spa

It’s not uncommon to hear: “The employee never signed the contract, so it’s not valid.” Yet, this belief couldn’t be further from the truth. The absence of a signature on an employment contract does not mean there is no employment relationship. Both employers and employees often misunderstand the legal implications of unsigned contracts - a costly mistake that can lead to disputes before the Bargaining Council/CCMA or Labour Court. Let’s unpack what South African labour law a

As an employer, few situations are more challenging than addressing an employee who simply isn't delivering results. But before you initiate any action, ask yourself this critical question: Is your employee unable to perform, or unwilling? The distinction matters - legally, procedurally, and practically. Misdiagnosing the issue can lead to unfair dismissal claims, CCMA referrals, and unnecessary legal costs. Yet many employers conflate these two very different scenarios, appl

Performance reviews are often misunderstood as tick-box exercises or annual formalities. In reality, when strategically implemented, they...

In South Africa’s dynamic labour environment, disputes between employers and employees, ranging from disciplinary warnings to...

The Code of Good Practice: Dismissal is a national benchmark for fairness in South African labour law. While not a statute that creates...

While workplace misconduct is relatively straightforward to address, misconduct occurring outside the workplace presents a more nuanced...