Do you have an employee in the workplace who:
· Is involved in personality clashes
· Undermines team authority
· Is unable to accept feedback
· Withdraws from team interaction
· Exhibits disruptive behaviour?
In South African labour law, dealing with an employee who struggles to get along with colleagues requires a fair, structured, and legally compliant approach. The focus is on substantive fairness (valid reason) and procedural fairness (correct process) as outlined in Schedule 8 of the Labour Relations Act (LRA) and Item 8 of the Code of Good Practice: Dismissal, and the Constitutional rights of dignity, fairness, and equality must be respected.
Here’s a structured approach:
1. Identify the Nature of the Problem
Is it:
· Misconduct (e.g., verbal abuse, bullying, insubordination)?
· Incapacity (e.g., poor social skills, emotional or mental health)?
· Incompatibility (personality clashes or failure to integrate into the team)?
Incompatibility is typically the relevant category when someone doesn’t “fit in” with the workplace culture or cannot maintain professional relationships.
2. Document and Investigate
· Record specific incidents, complaints, and attempts to mediate.
· Interview colleagues and witnesses.
· Ensure the process is neutral and respects the employee’s dignity.
3. Counselling and Intervention
· Offer counselling or coaching to help the employee improve relationships.
· Consider mediation between the employee and affected colleagues.
· Provide clear expectations and a reasonable time to improve.
4. Progressive Discipline (if necessary)
If the issue escalates to misconduct (e.g., aggressive behaviour), follow disciplinary procedures and apply progressive discipline – Verbal warning – Written warning – Final
written warning – Dismissal (only if previous steps fail and the situation remains untenable)
5. Dismissal for Incompatibility (as a last resort)
If incompatibility causes serious disruption and no alternatives remain:
· Follow a fair procedure: notify the employee, allow representation, give them a chance to respond.
· Attempt to explore alternatives (transfer, role adjustment).
· Dismissal must be justifiable, not simply because colleagues dislike the person.
The CCMA (Commission for Conciliation, Mediation and Arbitration) may overturn a dismissal if it’s seen as unfair or not properly handled.
For more information on the above topic, please contact Labournet Eastern Cape at Regional Support: 087 292 5808. Contact: Phikolomzi Malamlela (060 6428 659) at pmalamlela@labournet.com or Robert Niemand (082 824 7359) at robertn@labournet.com