Just when we thought the law on dismissal after retirement was clear, the Constitutional Court (CC) befuddled the issue with a three-way split decision. Where does this leave employers?

Workplace conflict between employees is growing. Dealing with it will continue to be firmly at the top of the agenda for HR in 2025.

May an employer use behavioural characteristics (e.g. initiative, enthusiasm and determination) as criteria to select employees for retrenchment?

May an employer use behavioural characteristics (e.g. initiative, enthusiasm and determination) as criteria to select employees for retrenchment?

Trust is at the core of the employment relationship. It could be tempting to assume that an employee with a criminal record cannot be trusted.

May an employer approach employees informally and strike a deal by signing a mutual separation agreement, thereby avoiding the legal technicalities of the LRA?

A ‘zero-tolerance’ approach towards employees who are under the influence of alcohol and other intoxicating substances is a fairly common phenomenon in the workplace.

Since the decriminalisation of the cultivation, possession and use of cannabis for private purposes, there have been several cases in which employees have challenged their employers regarding the banning or restriction of cannabis.

A case of serious misconduct may also amount to a criminal offence. Does the employer have to wait until the disciplinary proceedings have run their course before laying a criminal charge?

Most contracts of employment contain an overtime clause which states that the employee agrees to work overtime "as and when needed".