Kruger Jansen van Rensburg Attorneys Inc.

Kruger Jansen van Rensburg Attorneys Inc. Trusted experts in labour law.

We offer CCMA representation, clear and practical legal advice, and tailored employment contracts to ensure full compliance and help you avoid costly staff issues before they arise.

02/09/2026

May an employer search an employee's body or bags before they leave work?

Only if it’s done properly. Workplace searches are a sensitive legal issue that requires a careful balance between safeguarding business assets and respecting constitutional rights to privacy and dignity.
Conducting random or selective searches can create serious legal exposure, often leading to disputes at the CCMA.

Key Requirements for Workplace Searches:
• Clear, Written Policy: Search procedures must be explicitly detailed in your employment contracts or policies, so staff are fully aware.
• Consistent Application: Searches must be applied uniformly to prevent claims of unfair targeting or discrimination.
• Dignity & Respect: The search process must respect the employee's fundamental constitutional rights.

A properly drafted workplace policy is the cornerstone of protecting your business from unnecessary legal risk while maintaining clear operational standards.



Disclaimer: This content is for general information only and does not constitute formal legal advice. Every matter depends on its specific facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

28/08/2026

As a business owner, you constantly weigh risks and analyse costs to protect your bottom line. Yet, one of the most expensive financial risks employers take is navigating a dismissal without upfront legal counsel.

Securing a labour lawyer - whether on a monthly retainer or for an early consultation - is a calculated investment. It costs a fraction of what you will pay in reactive legal fees, or worse, the financial blow of losing a case at the CCMA.

Here is how strategic employers handle employee disputes:
• Assess risk early: The most cost-effective time to consult a labour lawyer is before taking disciplinary action, not after a CCMA referral lands on your desk.
• Prevent rather than repair: Reaching out after a dismissal forces legal counsel into damage-control mode, rather than preventing the issue entirely.
• Protect the bottom line: Proactive compliance saves operational time, preserves capital, and keeps your business out of unnecessary litigation.
• The ultimate ROI: In labour law, prevention is always cheaper than defence.

Disclaimer: This content is for general information only and not legal advice. Every matter depends on its own facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

Think a probation period means you can fire an employee at will? Think again.Probation is a crucial performance monitori...
25/08/2026

Think a probation period means you can fire an employee at will? Think again.

Probation is a crucial performance monitoring procedure, not a free pass for immediate termination. Strong HR compliance means knowing the difference between disciplinary issues (refusing to work) and poor work performance (lacking capacity to fulfil duties).

To avoid costly workplace disputes, employers must:
1. Set measurable expectations
2. Hold monthly review meetings
3. Document every step

Unfair dismissals are easily avoided when correct procedures are followed from day one!

Click the video link for more information on managing probation effectively.
https://www.youtube.com/shorts/WEvIgTxc8aQ



Disclaimer: This content is for general information only and not legal advice. Every matter depends on its own facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

21/08/2026

FAQ: What is the biggest mistake employers can make?
Taking action first and investigating later.

A disciplinary hearing is not an investigation. Before officially charging an employee with misconduct, you must gather the facts, speak to witnesses, and fully understand what actually happened.

Jumping the gun with a poor investigation often leads to a weak disciplinary case. Always ensure you have your facts straight before taking disciplinary action and remember, the correct policies and procedures will play a roll in the end results.

Disclaimer: This content is for general information only and not legal advice. Every matter depends on its own facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

18/08/2026

Dismissing one employee but warning another for the same offence? This mistake is often made by employers.

Inconsistent dismissal often results in unfair dismissal findings at the CCMA.

When employees commit similar workplace misconduct, disciplinary sanctions must be applied consistently across the board, unless there is a valid, justifiable reason for treating them differently.

Applying discipline fairly and consistently is essential to maintaining a compliant workplace.

Disclaimer: This content is for general information only and not legal advice. Every matter depends on its own facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

14/08/2026

FAQ: Can employees simply refuse to work overtime?
The short answer: It depends.

Not all overtime is compulsory. Whether an employee is obligated to work extra hours usually hinges on three key factors:
• The employment contract
• The Basic Conditions of Employment Act (BCEA)
• The employee’s individual circumstances

Assuming that every employee must work overtime across the board can easily create unnecessary workplace disputes. If you are unsure about your overtime obligations as an employer or employee, it is always best to speak to a labour law expert first.

Disclaimer: This content is for general information only and not legal advice. Every matter depends on its own facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

Dealing with a difficult employee is frustrating, but under South African labour law, you cannot simply dismiss someone ...
11/08/2026

Dealing with a difficult employee is frustrating, but under South African labour law, you cannot simply dismiss someone because you have had enough.

Lawful termination requires strict adherence to both substantive and procedural fairness. Even if an employee is clearly in the wrong, a flawed disciplinary process can expose your business to legal risk.

Swipe through to review the key considerations before taking action.

Disclaimer: This content is for general information only and not legal advice. Every matter depends on its own facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

Can you restructure your business without going through retrenchment? Be careful. If your restructuring affects roles, p...
07/08/2026

Can you restructure your business without going through retrenchment? Be careful.

If your restructuring affects roles, positions, or job security, South African labour law may require a formal Section 189 retrenchment process.

Trying to avoid it by forcing operational changes and pushing employees out can lead to serious legal consequences and disputes. Retrenchment isn’t just about job losses, it’s about fair consultation and proper process handling.

Handling restructuring properly protects both you and your business, ensuring you stay fully compliant and legally protected.



Disclaimer: This content is for general information only and not legal advice. Every matter depends on its own facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

You followed the steps, issued a warning, and still lost your case at the CCMA. Why?Because a warning is only as good as...
04/08/2026

You followed the steps, issued a warning, and still lost your case at the CCMA. Why?

Because a warning is only as good as the process behind it.
Discipline in the workplace must be progressive, fair, and formally documented. If you're relying on informal or "off-the-record" verbal warnings, you are leaving your business exposed when it's time for dismissal.

Don't wait for a CCMA dispute to find out your procedures are flawed. Let us help you bulletproof your disciplinary process.



Disclaimer: This content is for general information only and not legal advice. Every matter depends on its own facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

Can you just fire an employee for poor work performance? When an employee isn’t meeting the required standards, many emp...
30/07/2026

Can you just fire an employee for poor work performance?

When an employee isn’t meeting the required standards, many employers jump straight to disciplinary action.

But here is the reality of South African Labour Law: poor performance or even lacking the necessary documents or qualifications for a role, is considered incapacity, not misconduct.
You cannot simply fire a struggling employee. The law expects you to assist and guide them first.

If you fail to give an employee a fair opportunity to improve or comply - meaning no guidance, no support, and no time - you leave your business completely exposed to an "unfair dismissal" ruling at the CCMA.

Poor work performance cases are often lost not because the employee was good, but because the employer didn't manage or document the process properly.

To ensure your procedures are fair and legally sound, you must establish:
* Clear and quantifiable standards
* Active training or guidance
* A reasonable timeframe to improve
* Proper, formal record-keeping

Remember: Performance management is a process, not a once-off decision. Ensure you follow the correct legal steps before taking final action. ⚖️




Disclaimer: This content is for general information only and not legal advice. Every matter depends on its own facts. For guidance on your specific situation, please consult KJVR Attorneys or another qualified legal practitioner.

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