LexComply

20/02/2026

Can we talk about something most employers get wrong?

You can’t wait 8 or 10 years…
Then suddenly decide to dismiss someone for old misconduct.

A recent Labour Court judgment reminded employers of something very important:

⚖️ When an employment contract ends, your disciplinary authority linked to that contract ends too.

If you rehire someone, it’s a new legal relationship.
Not a continuation of the old one.

And if you can’t prove real, current harm?
Dismissal may be seen as excessive.

This is why timing matters.
This is why proportionality matters.
This is why discipline should never be emotional.

At LexComply, we help businesses make labour decisions that are calm, strategic, and legally defensible not reactive.

Because one rushed dismissal can turn into reinstatement and backpay.

And that is avoidable.

—
LexComply
Labour Law | HR Compliance | CCMA Representation

19/02/2026

34 years of service yet the Labour Court never tested whether the dismissal was fair.

Why?

Because procedure was ignored.

This is one of the most misunderstood realities in employment relations:
👉 Cases are often decided on the strength of the process long before the merits are ever considered.

Many organisations focus heavily on proving misconduct, but underestimate the governance required to defend their decisions when challenged.

Leaders should understand this clearly:
Fairness alone does not protect an employer.
Credible procedure does.

When disciplinary processes lack consistency, timelines are overlooked, or documentation is weak, even defensible decisions can become organisational risk.

The employers best positioned to withstand scrutiny are those that treat governance as a leadership priority — not an administrative exercise.

✔️ Enforce procedural consistency
✔️ Maintain clear disciplinary frameworks
✔️ Train managers on risk
✔️ Document with intention

Because when governance is strong, external challenges rarely destabilise the organisation.

Process is not paperwork. It is protection.

LexComply - Because strong employers are built on stronger governance.

16/02/2026

34 years of service -but procedure had the final word. ⚖️

One of the biggest misconceptions in the workplace is believing that loyalty guarantees protection.

It doesn’t.

In employment relations, process is power.
Miss a deadline, ignore procedure, or neglect documentation and the merits of your case may never even be heard.

👉 Fair decisions alone are not enough.
👉 Strong governance is what protects organisations.

The real question every employer should ask is this:
Would your disciplinary process withstand legal scrutiny?

Because when governance is strong, courts rarely interfere.

LexComply - Because strong employers are built on stronger governance.

11/02/2026

Suspension is a legal tool, not a management shortcut.

✔️ Precautionary suspension → Full pay
✔️ Unpaid suspension → Only after a fair hearing

Employers who skip this distinction often pay for it later.

LexComply - Where compliance meets leadership.

04/02/2026

🚨 Don’t Let Dismissal Disputes Cost Your Business!

A fair process is your strongest defence.

At LexComply, we ensure every exit is fair, legally sound, fully documented, and compliant with South African labour law.

When employment matters become complex, we simplify compliance.
From disciplinary processes to dismissals, we guide you step-by-step, protecting your business from unnecessary risk.

✨ Stay compliant. Stay protected. Stay confident.

📩 Contact LexComply today - your business deserves expert protection.

01/12/2025

Retrenching the wrong way can cost you BIG! ❌

Learn the 3 things every employer must know before letting someone go. ✅

Watch the Reel & DM us to get it right the first time!

28/11/2025

Can you deny sick leave during probation? 🤒 Short answer: "NO!"

Even during probation, employees are entitled to paid sick leave under South African labour law.
📌 1 day of paid sick leave for every 26 days worked in the first 6 months.

Denying it = non-compliance 🚫
CCMA is watching 👀

✅ Employers can request a doctor’s note for extended or frequent absences.

Need help with compliant contracts or policies?
💼 Let LexComply guide you the legal way.

27/11/2025

🚨 Employer Alert: Facing a disciplinary hearing? Don’t panic prepare smartly! 💼

In this Reel, we break down 3 key steps to manage a disciplinary hearing the right way:

1️⃣ Notify the employee in writing
2️⃣ Allow representation
3️⃣ Keep it fair and well-documented ✅

⚖️ Protect your business and maintain procedural fairness — it’s not just best practice, it’s the law.

💬 Need expert help with disciplinary cases? DM us now or tap the link in bio!

26/11/2025

Myth-busting time! Before you make HR decisions, make sure you know the law. Your business will thank you. Making HR decisions based on myths can cost your business more than you think.

Need clarity on your labour law obligations? Don’t guess get expert advice before taking action. Connect with us today ✅ Expert HR & Labour Law Guidance
016 023 0807 | [email protected] | WhatsApp 0682898581

25/11/2025

🚨 NEWS FLASH FOR EMPLOYERS

A Free State municipality has been taken to task after keeping employees on fixed-term contracts for 15 YEARS and the Labour Court ruled those employees permanent.

Why?
Because the contracts violated Section 198B of the LRA, which restricts fixed-term contracts to 3 months unless there is a valid, provable reason.

Rolling renewals and long-term “temporary” contracts = 🚩 high legal risk

If your business is using fixed-term contracts without proper justification, you could face:
⚠️ Reinstatement
⚠️ Back pay
⚠️ Legal costs
⚠️ Compliance penalties

Now is the time to audit your contracts and ensure you’re fully compliant.

📩 DM LexComply, we specialise in Labour Law, HR, and Compliance support for South African businesses.

24/11/2025

Attention Small Business Owners!

The 2025 Code of Good Practice: Dismissal is here - providing clear, practical guidance for fair dismissals, especially for small businesses with limited HR resources.

Here’s what you need to know:
✅ Minor misconduct can be handled informally
✅ Probation is flexible, but guidance and counselling are required
✅ Poor performance procedures are simplified
✅ Incapacity now includes suitability & culture-fit
✅ Retrenchments can be done faster and more flexibly

Stay compliant and protect your business. LexComply can help you:
📌 Update policies
📌 Train managers
📌 Manage fair dismissals

📩 [email protected] | ☎ 016 023 0807 | 📲 0682898581

21/11/2025

Attention Employers !!!🚨

The of R28,79 per hour must be paid got all workers including farm and Domestic workers.
National Minimum Wage is a floor below which no worker should be paid.