FforMan - HR & Labour Law Consultancy

29/06/2026

30 June 2026 Protest Action: Employer Guidance and Labour Law Considerations
Recommended Employer Actions
To minimise disruption and ensure compliance, employers should consider the following steps before 30 June 2026:
Communicate Expectations Clearly
Issue a written notice to employees outlining the company's attendance requirements, the legal status of the protest action, and the consequences of unauthorised absence.
Review Security and Business Continuity Measures
Assess workplace security arrangements and contingency plans to ensure the safety of employees, visitors and company assets.
Consider Transport Challenges
Where operationally feasible, explore alternative transport arrangements, flexible work practices, or staggered working hours for employees likely to be affected by transport disruptions.
Maintain Accurate Records
Keep detailed records of all communications, attendance registers, leave applications and disciplinary processes to ensure compliance and support any future proceedings.
Conclusion
The planned protest action on 30 June 2026 highlights the importance of proactive workforce management and legal compliance. Employers who communicate expectations clearly, apply workplace rules consistently, and prepare appropriately for potential disruption will be best positioned to protect their operations while maintaining fair labour practices.
For further guidance on managing absenteeism, disciplinary processes, industrial action and labour law compliance, employers can consult qualified labour relations professional Mat Fforde on 0833578390

16/04/2025

Qualifications fraud landed in the public spotlight during 2014 when media outlets reported that a number of high profile South Africans had misrepresented their qualifications. In 2015, the South Afr

09/02/2025

FROM the start of next month, 1 March, the new National Minimum Wage (NMW) in South Africa will be R28.79 per hour.

06/02/2025

Groundbreaking draft dismissal code to transform South Africa's workplace culture

The newly published Draft Code of Good Practice on Dismissal marks a pivotal reform in South Africa's employment dismissal framework, providing employers with clearer guidelines, enhanced flexibility, and a strong focus on fair labour practice.

The draft code, which consolidates, and updates provisions previously scattered across Schedule 8 and Section 189 of the Labour Relations Act, introduces several groundbreaking changes that will significantly impact how businesses handle dismissals.
This represents a fundamental shift in approach, moving from rigid procedural requirements to principle-based guidelines that can be adapted to different business circumstances, with an emphasis on practical implementation.
Key changes for employers include:
Small business relief: For the first time, the code explicitly recognises the practical constraints faced by small businesses, exempting them from overly burdensome procedural requirements and acknowledging their limited HR resources.
Streamlined procedures: The removal of rigid timeframes (such as the previous 48-hour notice requirement) in favour of "reasonable" standards, offering employers greater procedural flexibility while maintaining fairness.
Enhanced legal protection: A more structured framework for documentation and decision-making, providing employers stronger defence against unfair dismissal claims through clearer record-keeping requirements and consistency guidelines.
Progressive discipline framework: A comprehensive approach to workplace discipline that emphasises correction over punishment, with clear guidelines for implementing graduated responses before reaching dismissal.
Operational requirements: Integration of retrenchment procedures with clearer guidance on consultation requirements and selection criteria, reducing procedural uncertainty in restructuring situations.

The draft code also introduces a more flexible approach to probation management and performance assessment, with clearer frameworks for evaluation and decision-making. This change particularly benefits businesses dealing with complex performance issues or requiring specialised skills assessment.
The new code strikes a careful balance between protecting employee rights and recognising business operational realities. It provides employers with more practical tools for managing the employment relationship while maintaining fundamental fairness principles.

For businesses, the implications are significant:
Reduced risk of procedural challenges in dismissal cases
More efficient dispute resolution processes
Better protection through enhanced documentation requirements
Clearer framework for consistent decision-making
Greater flexibility in adapting procedures to business circumstances

Contact Mat FForde on [email protected] for advice on this and other labour law matters
https://www.fforman.co.za/

25/12/2024

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A new Labour Appeal Court ruling involving retailer Woolworths and an employee dismissed for allegedly faking a sick note shows that employers need to tread carefully when making their case – and not lose scope and focus.

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A recent decision by the Labour Appeal Court (LAC) in Algoa Bus Company (Pty) Ltd v Tirisano Transport and Services Workers Union…

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In Jewellery Council of South Africa v Maharaj and Others, the Jewellery Council of South Africa (company) sought to review the arbitration award issued by an…

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http://lyonsbriviklaw.com/bullyingatwork/

Workplace Bullying in South African Labour Law Currently, South African […]