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Competent verdicts in South African labour law
A competent verdict in South African labour law is a legal concept allowing an employee to be found guilty (and potentially dismissed) for misconduct different from the original charge on the charge sheet. This concept was confirmed by the Labour Appeal Court (LAC), ruling on more than one occasion that an employee may be found guilty of misconduct for which they were not specifically charged, as long as the finding does not prejudice the employee.
Oct 13, 20255 min read


Discipline and dismissal for Misconduct in South Africa
The new Code of Good Practice: Dismissal (4 September 2025) has codified and clarified the principles relating to workplace discipline...
Sep 25, 20255 min read


Formal disciplinary hearings - what employers need to know
Formal disciplinary hearings in South Africa are not required by law, but they may be prudent when addressing workplace misconduct. Here is what employers need to know.
Jun 25, 20257 min read


Drafting misconduct charges - the LAC speaks
The Labour Appeal Court has repeatedly over the years expressed the view that disciplinary complaints/allegations should not be overly...
Jun 1, 20252 min read


The essence of workplace misconduct
The employment relationship has reciprocal duties and obligations of good faith and trust. Misconduct relates to a breach thereof.
Nov 11, 20242 min read


Guilty pleas at internal disciplinary enquiries – some words to the wise
What happens when an employee (or a student) ‘pleads guilty’ when faced with misconduct allegations at an internal disciplinary enquiry?
Nov 23, 20235 min read


Evaluating evidence on a balance of probabilities
In a case of alleged misconduct of an employee, how should the matter be determined on a balance of probabilities in terms of the evidence?
May 26, 20236 min read


Refusal to work overtime
Employers need to ensure that employees' contractual agreement to work overtime, remain valid.
Mar 5, 20233 min read


Disciplinary sanctions and consistency in the workplace
Consistency in workplace discipline is a fairness requirement, but it is not absolute. Each case must be considered on its own merits.
Oct 7, 20226 min read
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