Many CCMA referrals in 2026 do not stem from misconduct or poor performance alone, but from weaknesses in employment contracts and workplace policies that are no longer aligned with current legal requirements.

For many businesses, these gaps only become visible once a dispute is already underway.

At Wright Rose-Innes, we act for employers across multiple sectors. We regularly see how contracts, policies, and procedures can either protect a business or unintentionally expose it to risk.

Below are the red flags we’re already seeing in 2026:

1. Vague hybrid-work clauses: A single poorly drafted line on remote work can cause a dispute about hours, place of work, entitlement to equipment, and even constructive dismissal claims.

2. Fixed-term contracts that are no longer compliant: If the “justifiable reason” is weak, missing, or outdated, the law may treat the employee as permanent, regardless of what the contract says or what was intended.

3. Policies that exist on paper, not in practice: The CCMA and Labour Courts test implementation, not intention. A policy that is not enforced consistently is still a liability, no matter how well it is written.

4. Disciplinary processes that collapse under scrutiny: Incorrect notices, unclear charges, irregular chairpersons, and missing records are leading causes of employer losses at the CCMA, even where misconduct is clear.

5. Poorly handled incapacity and medical challenges: This is one of the most sensitive and legally complex areas. We regularly see cases where an employer acts in good faith (adjusting duties, offering leave, accommodating a diagnosis), only to face an unfair discrimination claim because the correct process was not followed from the outset.

Strengthen your contracts before they are tested

With economic pressure high and retrenchments under the spotlight, employment decisions are facing increased scrutiny. Even a single CCMA referral can cost a business far more than the time and effort required to ensure contracts, policies, charges, and notices to employees are properly drafted and up to date.

With decades of employment law experience, our team brings precision, clarity, and practicality to every review.

Need a contract review or advice on charges or restructuring? Speak to our team:

Richard Maddern (Johannesburg)

Junior Mduduzi Mngomezulu (Bedfordview)

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