Remote work, once a temporary measure during Covid-19, has become a permanent feature of the South African workplace.
With advancing technology and shifting employee expectations, many companies continue to allow employees to work from home. While this model offers flexibility and cost savings, it also brings challenges for employers who must ensure productivity, compliance and discipline in a virtual environment.
This blog outlines practical guidelines and case law to help employers manage remote work effectively.
1. Equip employees with tools and training
Employee performance depends on two essentials: skills and resources. Employers must provide the necessary infrastructure – reliable internet, laptops, communication platforms (Teams, Zoom, Skype) and access to company systems:
Investing in the right tools and training reduces frustration and that ensures employees remain both productive and engaged.
2. Maintain regular communication
Remote work can lead to isolation and miscommunication. Employers should therefore establish structured check-ins via phone, video meetings or online platforms:
- A monthly video call can boost morale, strengthen collaboration and reinforce teamwork; and
- Regular check-ins provide a space to raise concerns, clarify expectations and track performance against agreed deliverables.
Consistent communication keeps employees connected to the business and reassures them that their contributions remain valued.
3. Set clear expectations and goals
Without face-to-face supervision, clarity is critical. Employers should:
- Define measurable deliverables and timelines;
- Recognise achievements to maintain morale and independence; and
- Identify underperformance early and implement remedial steps where necessary.
Transparent expectations not only keep employees focused but also safeguard employers when addressing performance shortfalls.
4. Implement disciplinary action where required
Remote employees are still subject to the company’s Disciplinary Code of Conduct. Misconduct such as absenteeism during working hours, failure to meet targets or ignoring policies must be addressed.
The Code of Good Practice: Dismissal stresses progressive discipline – counselling and warnings should be used to correct behaviour before dismissal. Employers are encouraged to consult directly with employees when issuing warnings, reinforcing a mutual understanding of required standards.
5. Disciplinary hearing options
Disciplinary hearings may take place in person or remotely. Notices can be served via e-mail, provided that proof of receipt and understanding is obtained. Notices must clearly state the allegations in plain language and outline employee’s rights.
The case of MTWU obo Nonyane v Star Express CC confirmed that hearings conducted via video call like Skype are acceptable, provided that the process is fair and equitable. Virtual hearings also save time and costs, making them a practical option in today’s workplace.
6. Implement a work-from-home policy
A remote working policy should combine all the above aspects into a single written document, ensuring that employees understand their responsibilities, expected goals and the consequences of non-compliance.
Key elements include the following:
- Scope and eligibility: Who qualifies for remote work.
- Responsibilities and resources: What the company provides and what employees must safeguard.
- Reporting and availability: Check-in procedures and working hours.
- Tasks and conduct: Required outputs and professional standards, including email and online etiquette.
- Disciplinary consequences: Steps that follow if employees neglect obligations.
A comprehensive policy sets boundaries, protects employers in disputes and ensures consistency in managing remote employees.
7. Balancing hybrid and return-to-work arrangements
Employers must balance employees’ interests in maintaining work-from-home arrangements with their operational needs, particularly when considering a return to full-time office attendance. The Labour Court in Medici Energy (Pty) Ltd v Bennet NO and Others (C89/2023) [2025] ZALCCT 34 confirmed that return-to-work instructions must be reasonable and preceded by consultation. This ensures that employees can interrogate the employer’s rationale and reduces the risk of unfairness claims. In certain cases, a return-to-work instruction may constitute a unilateral change to terms and conditions of employment, in which case employee consent may be required.
In conclusion
Remote work is no longer a temporary solution but a reality shaping the modern workplace. Employers must balance flexibility with structure by setting clear guidelines, providing resources, and applying discipline fairly.
SERR Synergy can assist employers with consultations and/or simplify the drafting of remote working policies (work-from-home policy) to safeguard clients in the event of labour disputes. We also assist in chairing disciplinary hearings (virtual or in-person) and provide expert labour law guidance that empowers employers to manage employees effectively in today’s hybrid workplace.
About the author
Angelique van der Sandt joined SERR Synergy in March 2017. She is labour manager at our Cape Town branch. She is an admitted attorney of the high court of South Africa and completed her BA in law and subsequent LLB degrees, Law School and post-graduate Certificate in Advanced Labour Law at the University of Pretoria.
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