Can You Be Fired if a Relative Is Under Investigation in South Africa? 2025 Guide

When family ties become a workplace concern

Imagine you’re at work in South Africa and it comes to light that a close relative is being investigated by the company or regulators. Immediately, you worry: could you lose your job simply because of your connection? The short answer is no, being related to someone under investigation is not a legally valid reason to dismiss you in South Africa in 2025. But it is worth understanding when your role could still be at risk.

A clear legal starting point

Under the Labour Relations Act 66 of 1995 (LRA), a dismissal must satisfy two broad tests: one, was there a fair reason (relating to misconduct, incapacity, or operational requirements), and two, was the procedure fair (your chance to make a representation, be heard, etc). A dismissal that fails either of those tests may be unfair.
From 4 September 2025, the updated Code of Good Practice: Dismissal (2025) gives fresh guidance on what “fair” means in our context, including recognition of “incompatibility” (poor fit) as a ground under incapacity.

Why your family tie on its own won’t justify dismissal

Here’s the key: the employer must show that your own conduct, capacity, or the operational needs of the business justify the dismissal. Being related to someone under investigation does not automatically tick those boxes. The employer must demonstrate something more, for instance:

• You were involved in wrongdoing;

• You failed to disclose relevant information you knew about;

• Your relationship caused an irreparable breakdown of trust in your employment relationship; or

• The situation genuinely disrupted the workplace to the extent that your role could no longer continue.

How the situation might escalate

While you cannot be dismissed just because of your relation, that relation can trigger a process:

1. If your relative is under investigation and there are indicators you may have been involved or neglected a duty to disclose, the employer is within its rights to investigate you separately.

2. If the investigation reveals credible evidence that you were involved or your conduct contributed to misconduct or a loss of trust, you may then be disciplined or dismissed.

3. If the employer decides to end your employment, they must follow fair procedure and have a fair reason; the new 2025 Code confirms this applies even in cases of incompatibility or cultural misfit.
   If none of this applies and you are dismissed purely because of your relationship, you may have a case for unfair or automatically unfair dismissal (if the reason touches on a prohibited ground like discrimination).

When might the link matter practically?

From a practical viewpoint, your employer might argue that your relationship leads to:

• Incompatibility: you cannot interact effectively with colleagues or management because of the investigation context.

• Operational risk: your presence could compromise investigations, client confidence or workplace harmony;

• Breach of trust: even if you did nothing wrong, your failure to come forward with knowledge of misconduct might destroy the trust the employer needs.
  In each case, though, the focus is on you and your connection to work, not simply the fact of being related.

What’s new in 2025 worth noting

The updated Code now explicitly covers “incompatibility” as part of incapacity. It also gives smaller businesses more flexibility in how formal their procedures need to be. Importantly, the guidelines reaffirm that even less formal processes still must give you a meaningful chance to respond.

So what should you do if this affects you?

• Cooperate with any investigation that your employer launches; being obstructive could work against you.

• Keep records of meetings, communications, and investigations; they may be crucial if you face a hearing or later need to contest a dismissal.

• Know your rights: you have the right to representation during disciplinary hearings (shop steward or colleague), to receive allegations in a language you understand, and to make your case.

• Seek advice if you believe you are being unfairly targeted simply because of your relationship. You could refer the matter to the Commission for Conciliation, Mediation, and Arbitration (CCMA) or a bargaining council within 30 days of dismissal.

In the South African workplace of 2025, your surname or family tree will not alone cost you your job. What matters is your behaviour, performance, or how your presence affects the business. Employers must still respect your rights, follow proper procedure, and be able to back up their decisions with evidence. Understanding that distinction is the best protection.

Also read: When the Internet Becomes the Judge: The Cost of Going Viral in South Africa 2025

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Featured Image: Labour Guide South Africa