S Naicker & Company

S Naicker & Company Attorneys - Conveyancers - Notaries Public - Labour Specialist

09/08/2026

Can you be fired for calling a coworker "dumb"? 🤔

Not always.

In the case of **Arunachellam v Woolworths**, the court considered the context, the circumstances, and whether dismissal was an appropriate sanction. The outcome serves as a reminder that not every instance of inappropriate language will automatically justify dismissal.

Every workplace misconduct case is assessed on its own facts, including the seriousness of the conduct, workplace policies, and whether dismissal is fair in the circumstances.

If you're facing disciplinary action or have questions about your rights at work, seek legal advice before making any decisions.

07/08/2026

Did you know that being unmarried does **not** automatically mean you have no rights when it comes to your child?

In South African family law, unmarried parents can have important rights and responsibilities. The law looks at the **best interests of the child**, and factors such as involvement in the child's life, care, and support can all play a role.

Don't let common myths stop you from understanding your legal position. If you're unsure about your rights or responsibilities as an unmarried parent, it's always best to get professional legal advice.

Have questions? Contact us today for trusted guidance.

28/07/2026

Thinking about dropping that "I resign with immediate effect" letter to dodge a disciplinary hearing? Think again! 🛑

Here is the legal reality:

👉🏻 The Notice Period Trap: Your employer can reject your immediate exit and insist you serve your contractual notice period.

👉🏻 DC Goes On: Because you're still technically employed during that notice period, they can legally push through with your disciplinary hearing (even in your absence).

👉🏻The Record Follows You: Getting fired during your notice period means a dismissal lands on your record, rather than a clean resignation.

Know your rights, know your contract, and don’t make a costly move out of panic! 💡

⚖️

24/07/2026

Did you know your child's maintenance doesn't automatically stop when they turn 18?

In many cases, a parent may still have a legal duty to provide maintenance after a child becomes an adult, depending on their circumstances.

Watch as I explain what the law says and what it could mean for you.

11/07/2026

When parents separate, it's easy to focus on what's ending. But one of the most important conversations is about what comes next for your children.

A parenting plan isn't about choosing sides or "winning" custody. It's about creating clear arrangements that support your child's wellbeing and help both parents understand their roles and responsibilities.

A well-prepared parenting plan can cover everything from where a child will live and holiday arrangements to schooling, communication, and how important decisions will be made. Having these expectations in writing can reduce misunderstandings and provide greater stability for everyone involved.

In this video, we explain why a parenting plan matters, when one may be appropriate, and how it can help parents move forward with their children's best interests at the centre of every decision.

If you're navigating separation and need guidance on your legal options, our team is here to help.

06/07/2026

"You're on probation, so we can let you go at any time."

It's something many employees hear, but it isn't the full story.

Being on probation doesn't mean you have no rights. Employers are still expected to act fairly, give reasonable guidance where needed, and follow the correct process before deciding to end someone's employment.

Probation gives both the employer and employee time to see if the role is the right fit. It isn't a free pass to ignore South African labour law.

In this video, we explain what probation really means, what employers are expected to do, and what employees should know before assuming they have no protection.

Knowing your rights can make all the difference when you're faced with an uncertain situation.

Have you ever wondered how probation really works? Share your questions in the comments, or get in touch if you need legal advice about your specific circumstances.

20/06/2026

In Lucchini South Africa (Pty) Ltd v CCMA and Others [2025] ZALCJHB 589, the court pushed back hard against a surprising ground for dismissal: looking for another job.
The Judge made it clear that curiosity about other opportunities or applying elsewhere isn't a valid reason to fire someone.
Employers can't treat a job search as disloyalty or misconduct on its own.
This case reminds everyone that employees retain core rights at work, even when they're thinking about what's next.


18/06/2026

0.019% breathalyser = unfair dismissal 😲
Labour Court rules policy isn’t enough, impairment matters! ⚖️

14/06/2026

Is your job at risk?
Watch out for these red flags before it's too late.

01/06/2026

Workplace bullying and harassment don’t just make your job harder.
They take a toll on your mental health, your confidence and your everyday life.

In South Africa, the Labour Relations Act and the Code of Good Practice say you have a right to a safe, respectful work environment.
You don’t have to suffer in silence. Know your rights. Speak up. Get help.

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