Employment Law 360

31/08/2026

Local business owners and managers, this may be useful if you’re currently dealing with a staff performance issue.

Poor performance, misconduct and incapacity are not the same thing, and using the wrong process can create a bigger problem later.

EL360 is hosting a half-day workshop on 3 September at the iLembe Chamber in Ballito, covering the practical steps employers should take when an employee is not meeting the required standard.

It’s aimed at business owners, managers, supervisors and HR practitioners.

Bookings:
[email protected]
www.el360.co.za

28/08/2026

Poor performance is not misconduct.

That distinction sounds simple, but it is one employers regularly get wrong.

Before taking action, the starting point should be to ask whether the employee cannot meet the required standard, or whether they are capable of meeting it but are failing or refusing to do so.

The answer affects the process you follow, the evidence you need, and ultimately whether any dismissal will withstand scrutiny.

We’ll be unpacking this, together with incapacity through ill health or injury, at our half-day workshop on 3 September at the iLembe Chamber in Ballito.

Practical guidance for business owners, managers, supervisors and HR practitioners who need to deal with these issues properly in the workplace.

For bookings or more information:
[email protected]
www.el360.co.za

28/08/2026

Poor performance and incapacity are two of the areas employers get wrong most often, particularly when the line between misconduct, performance and genuine incapacity becomes blurred.

On 3 September, we’ll be running a practical half-day workshop at the iLembe Chamber in Ballito, covering how to manage these issues fairly, effectively and in line with current labour law.

Ideal for business owners, managers, supervisors and HR practitioners who deal with employee performance in practice.

Seats are limited.

📩 [email protected]
🌐 www.el360.co.za

28/08/2026

28/07/2026

Retrenchments feel administrative. Legally, they’re one of the highest-risk processes an employer can run.

Section 189 of the LRA doesn’t just require “a reason” for restructuring - it requires proper written notice, a genuine consultation process, and selection criteria that can be objectively justified (not just “who we like keeping”).

Swipe through for the issue, the law, and what it actually costs to get this wrong →

Planning a restructure? Talk to us before the notices go out, not after someone refers it to the CCMA.

10/07/2026

No two industries face exactly the same workplace challenges.

A manufacturer deals with different risks to a hospitality group. A security company operates differently to a retailer. The legislation may be the same, but applying it correctly takes an understanding of the industry.

For nearly three decades, we’ve worked alongside employers across South Africa, helping them navigate workplace issues with practical, commercially focused advice and representation.

Wherever you do business, we’re ready to stand with you.

SouthAfricanBusiness

06/07/2026

One bad dismissal can cost you everything. 🙈

Reinstatement orders. Back-pay. Legal fees. Most of it is completely preventable , if the process is right from day one.
Swipe to see what’s really at risk, and how to avoid it →

We chair disciplinary hearings and appeal processes so they’re procedurally fair and built to hold up under scrutiny , not scrambled together after a referral lands on your desk.

Know where your business stands? Get in touch: [email protected]

19/03/2026

Small things shape workplace culture.
This is one of them.

Being late is not the problem.
The standard is.

One late arrival is an exception.
Repeated lateness becomes behaviour.

Most employers wait too long to act.
By then, the pattern is already set.

This is where discipline starts.
Early. Consistently.

We will be unpacking more of these
“small things” over the next few posts.

Because in practice,
they are never small.

12/03/2026

Small things shape workplace culture.
Punctuality is one of them.

It may seem minor, but consistent late coming affects productivity, team dynamics, and discipline in the workplace.

More on this next week.

05/03/2026

Most workplace disputes do not start as formal disputes.

They usually begin with small issues that were not addressed early.

Inconsistent management, unclear expectations, and poor communication often allow problems to escalate.

Addressing issues early and applying rules consistently can prevent many disputes from developing in the first place.