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Tag: People Management

One in a 100 000: Resolving workplace disputes

Workplace disputes

By Jessie Taylor South African employees have various options to challenge unfair practices in the workplace, from courts to bargaining councils. One organisation protecting employee rights is the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA deals with over 100 000 cases yearly, most relating to allegations of unfairness against employers. Among the issues raised with the CCMA are discrimination, unfair dismissals, retrenchments, the provision of benefits, suspensions, warnings, whistle-blowing and sexual harassment. Around 60% of cases referred to CCMA arbitration are resolved in favour of the employee. The Labour Relations Act makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute resolution forums. Along with private firms, employees often have access to the dispute-resolution arms of bargaining councils and the Labour Court. However, one of the most popular bodies for addressing conflict in the workplace is the CCMA.This is the forum to be used by those industries that do not have their own bargaining councils, such as retail, IT, security, financial services, and others. The CCMA is a statutory body established in terms of Section 112 of the Labour Relations Act, and draws its legislative mandate principally from Section 23 of the Constitution. It is an independent body that neither belongs nor is affiliated with any political party, trade union or business. The CCMA derives its mandate from the purpose of the Act, which is to “advance economic development, social justice, labour peace and the democratisation of the workplace”. The CCMA is mandated to:   If you have a labour problem, take steps immediately. In the case of an unfair dismissal dispute, you have only 30 days from the date on which the dispute arose to open a case. With discrimination cases, you have six months. If a party does not comply with the arbitration award, it may be made an order of the Labour Court. The matter will go to the Labour Court instead of arbitration if the dispute relates to multiple retrenchments, strike dismissals, or unfair dismissals. The arbitration or Labour Court hearing would normally take place at a later date. Sources: CCMA | Labour Guide

How to hire the right staff members for your SME

right staff members

By Vanessa Rogers In the delicate scaling phase of a small to medium-sized business, the entrepreneur at the helm needs to surrender to the reality that it is no longer possible to continue doing everything alone. But is it possible to hire a team that will keep you rising up the ranks? It is, and here’s how to go about it. Employing a significant portion of the South African workforce and contributing substantially towards the country’s gross domestic product (GDP), small and medium-sized enterprises (SMEs) are pulling out many of the stops that our economy currently needs. According to Business Partners, a leading business loan provider for global SMEs, local small businesses “employ an estimated 50 to 60 percent of the workforce”. Considering the country’s alarming unemployment rate of 31.9 percent in the fourth quarter of 2024, it is evident that “small businesses play a crucial role in job creation. By providing millions of South Africans with the means to support their families, small businesses therefore also help to alleviate poverty.” Furthermore, SMMEs “contribute between 34 and 40 percent of South Africa’s GDP” according to the financial analysts at Krutham, a capital market practice based in Johannesburg.  In their thought leadership article titled ‘Enabling and unlocking the job creation potential of SMEs and the township economy’ Krutham revealed that while formal jobs declined by 128 000 in the last quarter of 2023, informal jobs increased by 124 000 during the same period.  Unfortunately, 50% of SMEs fail within the first 24 months, and 70% to 80% fail within the first five years of operation, making it essential in the scaling phase to attract and take on the best possible talent.  This can achieved by: Charles Edelstein, director at job portal Executive Placements, advises that while an SME owner busies themselves with matters of sales and revenue growth, increasing profit margins, and attending to cash flow forecasting, any new team members will need to be able to hit the ground running by taking an entrepreneurial approach to their job description. “While it is important to provide a clearly defined job spec during the hiring process, you will also want to look out for an individual who tends to do more and thinks more broadly than the average employee out there.  “Offer coaching and training in general business areas, from marketing and sales to basic accounting and team building, because this shows that you are making an investment in your new staff member. In return, you’ll want to be able to benefit from their strong analytical skills. For example, do they come to you with clever insights that you may not have considered yourself? This is a win-win for your company’s future potential and ultimate success.” The ideal candidate for an SME is a team player, he says. “He or she is able to network at industry functions and will help you to gain a sustainable advantage over the competition – because, at a certain point, you really cannot be everywhere and do everything any longer.” Yes, there is an ideal list of personality characteristics for an SME employee, advises Edelstein. Ask yourself during the initial interview, and in the day or so afterwards: Authors of a recent paper in the International Journal of Human Resource Management titled ‘Advancing understanding of HRM in SMEs: critical questions and future prospects’ say it best: “Employees working in SMEs [should] expect to work across multiple roles and tasks, and have an ability to directly shape the key value-added activities of the business, in addition to finding engagement through regular interactions with management. These factors … can lead to intrinsic motivation, discretionary effort, and [the] greater engagement of employees working in an SME context, even in the absence of sophisticated HR practices”.

Battle for the best talent: Wellness as your winning card

Wellness strategy

By Sue Ramauthar  In today’s fiercely competitive talent landscape, a fundamental truth is emerging for  companies: a great company culture is no longer just a desirable add-on; it’s a critical strategic imperative. At the heart of this evolving culture lies employee wellness.  Forward-thinking organisations are now integrating comprehensive wellness programmes into their core culture, recognising that prioritising their people’s wellbeing – understanding their multifaceted roles and building resilience strategies that focus on mind, body, and soul – is the secret to attracting, engaging, and retaining the very best talent.  For years, wellness initiatives often felt like afterthoughts – perhaps a token fruit basket or an occasional yoga class. While any effort is better than none, the modern approach to workplace wellness is far more holistic and deeply ingrained. It encompasses physical, mental, emotional, social, and even financial wellbeing. Companies are now beginning to understand that when their people are truly well, they perform better, are happier, and are more likely to stay.  The job market is a battleground, and skilled professionals have more choices than ever. So, what truly makes your company stand out? More often, it’s not just the salary or the standard benefits package. Top talent actively seeks workplaces that genuinely care about their employees.  Consider a robust wellness programme as a powerful magnet for job seekers. Surveys consistently show that potential hires highly value health and wellness benefits. Companies renowned for prioritising employee wellbeing simply feel more wholesome. This translates into more interest in your roles, a larger pool of qualified candidates, and quicker hires. Furthermore, investing in wellness creates a more enticing employer brand. It communicates to the world that you are a supportive, caring, and progressive place to work. This positive perception not only draws in new recruits but also transforms your current employees into your most enthusiastic  advocates, spreading the word about the positive experience of working for you.  Beyond attracting new talent, wellness programmes are proving to be an absolute game-changer or retaining your existing team and enhancing productivity. High employee turnover is a significant challenge – it’s expensive, disruptive, and drains energy and the bottom line.  When your team feels genuinely supported in their wellbeing, their job satisfaction soars,  sparking significantly higher levels of engagement. This leads to a more committed and invested workforce, and happy, engaged employees are far less likely to seek opportunities elsewhere. Research indicates that employees who feel cared for are significantly more likely to remain with their current employer.  It’s clear that healthy employees simply take fewer sick days. Comprehensive wellness  programmes, by emphasising preventative care and stress reduction, decrease absenteeism. They also combat “presenteeism” – the state where employees are physically present but mentally disengaged due to stress, burnout, or persistent health issues. A healthier team means more focused, energised, and productive individuals.  Wellness initiatives also cultivate an excellent work environment, fostering a sense of  community and shared purpose. Think group fitness challenges, mental health workshops, or team activities centred around wellbeing. These can significantly strengthen bonds among colleagues and boost overall morale. When people feel valued and supported, they are happier, more motivated, and contribute positively to the entire company’s atmosphere.  And this holistic commitment isn’t exclusive to the corporate world; its profound impact  resonates across various vital sectors, including healthcare. In our physiotherapy practice, for instance, we’ve witnessed firsthand how investing in a patient’s holistic wellness journey revolutionises outcomes, creating deeper buy-in and accountability. Just as a corporate gym perk alone won’t suffice, a narrow focus on a patient’s immediate injury, without considering  their broader lifestyle, stress levels, sleep patterns, or emotional wellbeing, can limit their recovery.   By empowering patients with a comprehensive understanding of their health – offering  resources on exercise, stress management, discussing sleep hygiene, or connecting them to  other wellness professionals – we help them become active participants, not just passive recipients, in their healing.  This shared ownership is what truly drives adherence to treatment plans and builds long-term resilience, transforming individuals who are not just recovering from an injury but are better equipped to maintain their health and prevent future issues. This approach fosters loyalty that mirrors employee retention; when patients feel truly seen and  supported in their entire wellness journey, they become powerful advocates for our practice.  For wellness to truly function as a culture strategy, it cannot be a mere collection of segmented programmes. It must be deeply embedded into the very fabric of the organisation, championed from the top down.  In a world where securing the right talent is paramount, prioritising employee wellness is no  longer merely an option; it’s a smart, strategic imperative. It is the new culture strategy that will not only attract the brightest minds but also ensure they remain healthy, happy, and fully contributing to your organisation’s long-term success. Sue Ramauthar is a corporate wellness practitioner and physiotherapist at SuedeWellness

Narrowing workplace gender bias needs strong leadership

Narrowing workplace gender bias needs strong leadership

“PWC’s recent insights into gender equity, released in March this year, highlight significant gender empowerment gaps globally, and in previous years have honed in on South Africa, where men remain more empowered in the workplace than women.”

3 ways to incorporate micro-wellness into your day

micro-wellness practice

“Whether you’re a manager trying to energise your team, or an individual looking for balance, remember, small steps, done often, create lasting change. So, take a stretch break right now — your spine will thank you later. “

Balancing progress and protection: How restraint of trade safeguards South Africa’s workforce and innovation

Two businessmen discussing restraint of trade

By Jessie Taylor In a fast-paced, competitive economy such as South Africa’s, where knowledge and intellectual property often determine an organisation’s value, the concept of restraint of trade remains a cornerstone of contractual employment. Designed to protect businesses from unfair competition and the leakage of proprietary information, restraint of trade clauses continue to be tested against the constitutional right to freedom of employment. Striking a balance between protecting legitimate business interests and upholding an individual’s right to work is one of the most nuanced tasks within South African labour law. These clauses—widely used in both the public and private sectors—require careful drafting, regular review, and, increasingly, judicial interpretation. The legal foundation of restraint of trade In essence, a restraint of trade clause is a provision in an employment contract that limits an employee’s ability to compete with their former employer after leaving their job. This can include restrictions on working for a rival, starting a competing business, or soliciting former clients for a specific period and within a specific geographic area. Historically, such clauses were viewed with scepticism. However, since a landmark in 1984, South African courts have shifted their perspective. The case established the principle that restraint clauses are presumed valid unless proven unreasonable and contrary to public policy. In other words, employees must now demonstrate why a restraint is unfair or overly restrictive. This reversal of the burden of proof reflects a strong judicial inclination to uphold contractual freedom, but not at the expense of constitutional rights – particularly the right to work as enshrined in the Constitution. The primary legal test for the validity of a restraint of trade involves four essential considerations: 1. Is there a protectable interest?This could include confidential information, client connections, trade secrets, or unique business methods. 2. Is that interest being prejudiced?Would the employee’s new role jeopardise these interests? 3. Does the employer’s interest outweigh the employee’s right to work?A fair weighing of competing rights. 4. Is enforcement contrary to public policy?Would enforcing the clause unduly harm the economy or an individual’s career? These criteria have allowed courts to apply a flexible approach, often adapting to context, such as seniority of the employee, the industry involved, or whether compensation was provided during the restraint period. A balancing act A common misconception is that any restraint clause is enforceable if signed. In reality, courts scrutinise scope, duration, and geographical limits. While restraint clauses are more common in private-sector contracts – especially in technology, finance, and sales – public sector employers are also increasingly turning to them. Roles involving sensitive data, policy formulation, or technical innovation may warrant restraint provisions to prevent undue political or commercial exploitation after an employee exits. However, the public sector faces unique challenges. Any restriction must consider transparency and the public interest. Moreover, because taxpayers ultimately fund salaries and public projects, any restraint must be proportionate and serve a defensible policy objective. Should an employer wish to enforce a restraint, the process usually involves applying to court for an interdict (injunction) to prevent the former employee from engaging in prohibited activities. Importantly, employers must act swiftly when a breach occurs. Delays in enforcement weaken the argument that the restraint protects urgent and valuable interests. To ensure a restraint is enforceable, employers—especially in the public sector—should observe the following: From the employee’s perspective, restraint clauses are serious undertakings that should never be signed without understanding their implications. Ultimately, restraint of trade clauses operate at the intersection of contract law, constitutional rights, and labour relations. They remind us that in a democratic society, freedom of contract cannot override the right to dignity and economic participation. This legal terrain is neither black nor white, and as the economy becomes more complex, restraint of trade litigation is likely to increase. Employers in both the public and private sectors would be wise to treat restraint clauses not just as contractual boilerplate, but as strategic, legally sensitive instruments that require nuance, clarity, and fairness. Sources: Bowmans Law  |  DotNews  |  Labour Guide  |  Pagel Schulenburg