Legal duties that promote fairness, mutual respect, and operational efficiency, together with an employment contract, ensure a successful employment relationship. Labour law in South Africa enforces these responsibilities through common law, legislation and related codes of good practice.
Organisations must maintain legal compliance by cultivating an informed workplace culture where both employers and employees understand and uphold their duties.
Legal Duties of Employers
- Ensuring a Safe and Healthy Working Environment
Providing a safe workplace that does not endanger employees is one of an employer’s most important duties. This duty is outlined in Section 8 of the Occupational Health and Safety Act 85 of 1993 (OHSA), which requires employers to take all reasonable steps to keep their employees safe.
Serious consequences, such as civil liability and, in certain situations, criminal charges, may result from failing to fulfil this obligation. In Joubert v Buscor Proprietary Limited (2013/13116) [2016] ZAGPPHC 1024, the Court confirmed that an employer cannot sidestep this responsibility, particularly when known risks exist in the workplace. The ruling made it clear that safety cannot be delegated away.
- Obligation to Pay Wages Promptly and in Full
Employers are required by both common law and the Basic Conditions of Employment Act 75 of 1997 (BCEA) to pay employees in accordance with their contracts. This means that salaries must be paid in full and on time. Salary deductions must be approved by law or agreed to in writing.
In addition to being a breach of contract, late or partial salary payments can also put an employer at risk of legal action or Department of Labor involvement.
- Duty to Act Fairly and Follow Due Process
The concept of fairness is highly valued in labour law, particularly when it comes to disciplinary actions, performance reviews, and termination processes. According to Section 188 of the Labor Relations Act 66 of 1995 (LRA), any dismissal must be both substantively and procedurally fair. The Code of Good Practice: Dismissal, which describes the ideal process to follow during disciplinary proceedings, serves as further guidance for employers. Even when there is a good reason for the dismissal, it can still be unjust if the employer does not follow a fair procedure.
- Preventing Discrimination and Harassment
Employers are required to uphold an environment free from harassment, victimization, and discrimination as well as to advance equality. The Employment Equity Act 55 of 1998 and the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace both uphold this obligation.
Employers must implement explicit anti-discrimination and anti-harassment policies and take quick action in response to complaints. Failing to do so could be considered an unfair labour practice, which could lead to legal action and damage to the company’s reputation.
Legal Duties of Employees
Just as employers are bound by legal obligations, employees too must meet certain standards of conduct and performance. These duties are rooted in common law principles and supported by statutory regulations.
- Duty of Good Faith and Loyalty
Employees are expected to act honestly, responsibly, and in the best interests of their employer. This common law duty of good faith means avoiding behaviour that could damage the employer’s operations or reputation.
In Woolworths (Pty) Ltd v CCMA and others (PA12/2020) [2021] ZALAC 49; [2022] 3 BLLR 296 (LAC); (2022) 43 ILJ 839 (LAC), the Labour Court found that dishonesty violated this foundational duty, justifying the employee’s dismissal. This case illustrates how seriously the courts regard breaches of trust in the employment context.
- Compliance with Reasonable Instructions
Employees are required to follow lawful and reasonable instructions given by their employer. This involves tasks within the scope of their role that are not illegal or unreasonable. Refusal to comply with an instruction could be classified as gross insubordination, which could lead to dismissal.
- Duty to Exercise Reasonable Skill and Care
Employees are required to carry out their responsibilities with the proper degree of skill and diligence. According to the LRA’s fair dismissal requirements, continuous poor work performance, particularly following warnings, assistance, and training initiatives, may result in termination for incapacity.
- Avoiding Misconduct and Violations of Rules and Policies
Employees are obliged to abide by workplace rules, policies, and the general standards of professional behaviour. Acts such as theft, assault, sexual harassment, substance abuse, or disregard for workplace policies constitute misconduct and may justify disciplinary measures, including dismissal, depending on severity.
