November 2025

Unlawful Collective Action: A Costly Mistake Employees Cannot Afford to Make In South Africa, many employees still believe that if they are unhappy about something at work, they can simply band together, refuse to work, and force the employer to give in. I see this mistake over and over again — and it is one of the quickest ways for a group of employees to lose...

Why a Refusal to Sign a Warning or Hearing Notice Doesn’t Invalidate It One of the most common misconceptions in the workplace is that a disciplinary warning or notice to attend a hearing is invalid if the employee refuses to sign it.This belief persists across industries, but it’s simply not true — and it can cause unnecessary confusion or hesitation when employers try to take legitimate...

Poor Performance vs Misconduct: Employers, Know the Difference When employees don’t meet expectations, employers often jump straight to warnings or dismissal — but the law requires the right process for the right problem. There is a critical legal distinction every employer must understand: ✅ Poor Work Performance = Incapacity The employee cannot meet the required standard, despite trying.This is not their fault — they may lack skill, knowledge, experience,...