Do we need a written disciplinary code and grievance procedure?

Employers are expected to have clear, known workplace rules, and a written disciplinary code and grievance procedure is the practical way to do that. They also give your managers a consistent process to follow. Without them, every dispute becomes an argument about what the rules were.

How is poor performance different from misconduct?

Misconduct is a breach of a workplace rule, such as dishonesty or ignoring a lawful instruction. Poor performance is a failure to meet the standard of the job, even though the employee may be trying. The process differs: poor performance generally calls for guidance, training and a reasonable opportunity to improve, before a dismissal is considered.

What do we do when an employee is often ill or injured?

Incapacity because of ill health or injury calls for a fair enquiry into the nature of the problem, whether it is temporary or permanent and whether the employer can reasonably accommodate the employee. Dismissal is a last resort, and the process needs medical information and proper consultation.

When do we have to consult before retrenching?

Whenever you are contemplating dismissals for operational reasons, such as restructuring or financial difficulty, you must consult the affected employees (or their union) before a decision is made. Consultation covers alternatives, who is selected and what severance is paid. A retrenchment without proper consultation is likely to be found procedurally unfair.

Can you help if we have received a compliance order?

Yes. We help employers respond to inspections, undertakings and compliance orders issued by the Department of Employment and Labour, including understanding what was found, what must be corrected and by when.

Employee Relations

Helping employers build compliant workplaces while effectively managing employee relations and workplace challenges.

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What we cover.

Labour Law Advisory

Practical, day-to-day guidance on workplace issues to keep managers informed and decisions defensible.

Compliance Orders

Support responding to Department of Employment and Labour inspections, undertakings and compliance orders.

Retrenchments

Full section 189 and 189A processes — consultation, selection criteria, notices and severance calculations.

Poor Performance

Structured incapacity-poor performance processes: setting standards, counselling and fair outcomes.

Incapacity

Procedurally fair ill-health and injury processes, including medical assessments and reasonable accommodation.

Grievances

Effective grievance procedures that give employees a fair internal channel and reduce external referrals.

Misconduct

Advice on categorising, investigating and acting on misconduct — from minor infractions to dismissible offences.

Workplace Conflict

Mediation and facilitation to resolve interpersonal and team conflict before it escalates into disputes.

Workplace Policies

Drafting and reviewing disciplinary codes, grievance procedures, leave, POPIA and remote work policies.

Strike Assistance

Guidance and on-the-ground support during protected and unprotected industrial action to protect your operations.

How we work with you

Support is practical and tied to the problem in front of you, from a single query to an ongoing arrangement.

01
Tell us what is happening
We start with a conversation about the situation, the people involved and what has already been done, so that we advise on the real problem.
02
Clear advice in plain language
You receive a recommendation on the options, the legal risks and the steps to take, without jargon.
03
Put the right process in place
We help you set up the process the law requires, whether that is a counselling session, an incapacity enquiry, a consultation process or a grievance meeting.
04
Support your managers
We prepare the documents and guide your managers through each step so that the process is consistent and properly recorded.
05
Review and prevent
Afterwards we look at what caused the problem and update your policies, rules or training so it is less likely to happen again.

What the law expects of employers

South African labour law is built around fairness. The Labour Relations Act protects employees against unfair dismissal and unfair labour practices, and the Basic Conditions of Employment Act sets minimum standards for working time, leave and pay. Employers who follow a fair process, apply their rules consistently and keep good records are in a much stronger position if a dispute arises.

Different situations carry different rules. A dismissal for poor performance or ill health requires a different process from a dismissal for misconduct. Retrenchments must follow a consultation process under section 189 of the LRA, and employers with more than 50 employees may also fall under the additional rules in section 189A. A strike is only protected if the correct dispute procedure has been followed, which includes notice to the employer.

Since September 2025 the Code of Good Practice: Dismissal has guided how the CCMA and the Labour Court assess whether a dismissal was fair, so it is worth making sure your policies and manager training reflect it.

Common questions

Questions employers commonly raise about employee relations.

Need Professional Labour Law Assistance?

Speak to one of our experienced consultants and let us help you protect your business through practical, legally compliant workplace solutions.