Misconduct, Poor Performance or Incapacity? Why the Difference Matters

Misconduct, Poor Performance or Incapacity? Why the Difference Matters When an employee is not meeting expectations, an employer’s first reaction may be to start disciplinary action.But not every workplace problem is misconduct.South African labour law distinguishes between misconduct, poor work performance and other forms of incapacity. Identifying the problem correctly matters because each may require a…

CCMA Myths and Misconceptions: What Employers and Employees Should Know

CCMA Myths and Misconceptions: What Employers and Employees Should Know The Commission for Conciliation, Mediation and Arbitration, better known as the CCMA, plays a central role in resolving workplace disputes in South Africa.It conciliates workplace disputes and arbitrates certain disputes that remain unresolved after conciliation. However, misconceptions about what the CCMA does, who can approach it…

Workplace Discipline in South Africa: How Should Employers Handle Misconduct?

Workplace Discipline in South Africa: How Should Employers Handle Misconduct? Managing misconduct is an unavoidable part of running a workplace.But workplace discipline should not simply be about punishment. A sound disciplinary process establishes reasonable standards of conduct, gives employees clarity about what is expected of them and provides employers with a fair way to address…

Employment Contracts in South Africa: What Employers and Employees Should Know

Employment Contracts in South Africa: What Employers and Employees Should Know A clear employment agreement can help prevent uncertainty and misunderstandings in the workplace.For employers, properly recording the terms of employment helps establish what has been agreed with an employee. For employees, it provides clarity about matters such as their role, remuneration, working hours, leave…

The Property Transfer Process: Who Chooses the Conveyancer and When Do You Become the Owner?

The Property Transfer Process: Who Chooses the Conveyancer and When Do You Become the Owner? Once an Offer to Purchase has been signed, buyers and sellers often assume that the biggest part of the property transaction is complete.Legally, however, there is still an important process ahead.The property must be transferred from the seller to the…

Buying Property Together in South Africa: What Should You Decide Before You Sign?

Buying Property Together in South Africa: What Should You Decide Before You Sign? Buying a property with another person can make home ownership more accessible, but it also means making an important financial commitment together.Whether you are purchasing with a spouse, partner, family member or friend, it is worth deciding how the property will be…

What Happens to Your Digital Assets When You Die in South Africa?

What Happens to Your Digital Assets When You Die in South Africa? Estate planning traditionally brings to mind property, bank accounts, investments and other physical or financial assets.But much of modern life now exists online.Email accounts, cloud storage, photographs, social media profiles, websites, domain names, subscriptions and crypto assets can all form part of a…