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Speak Up or Stay Silent? Why Whistleblowing in South Africa Just Got More Consequential
The Kunene v Akani Egoli judgment is a major warning to South African employers: disclosures made during grievance processes can qualify as protected disclosures under the Protected Disclosures Act. This article explains the case, the legal protections for whistleblowers, the risks of retaliation, and why every organisation needs a clear whistleblowing policy and trusted internal reporting channels.

John Botha
2 days ago5 min read


Effective Discipline in the Workplace: Why Fair, Consistent Process Still Matters in 2026
Effective workplace discipline in 2026 requires fair processes, strong evidence, and consistent decision-making. This article explores how to manage misconduct, conduct disciplinary hearings, and reduce unfair dismissal risk through structured, legally sound practices.

GBS
2 days ago3 min read


Injury on Duty Starts Before the Claim Form: Why South African Employers Need a New COIDA Response
COIDA reforms and 2026 regulations are transforming how employers must manage workplace injuries in South Africa. This article explains why injury-on-duty starts before the claim form, and how rehabilitation, return-to-work, and integrated case management are now essential for compliance, fairness, and labour law defensibility.

John Botha
2 days ago6 min read


Dismissal: Banking Procedure
A Labour Appeal Court ruling involving Standard Bank clarifies when negligence and failure to follow internal policies justify dismissal. The case highlights the importance of clear procedures, employee accountability, and the duty of honesty and fidelity expected in the financial services industry.

Jonathan Goldberg
5 days ago3 min read


B-BBEE Skills That Build Nations: Why Skills Development Is the Heart of Transformation
Within the B-BBEE framework, skills development plays a critical role in building economic participation and sustainable transformation. This article explores how organisations can move beyond compliance by investing in learnerships, internships, bursaries and leadership development to strengthen talent pipelines, support youth employment and drive long-term national growth.

GBS
7 days ago3 min read


Whistleblowers in South Africa: Employment Law, Recent Enquiries, and a Turning Point in Protection
South Africa’s whistleblower framework is under growing pressure to evolve. This article explores how the Protected Disclosures Act and Labour Relations Act interact in the workplace, why current protections are seen as inadequate, and how proposed reforms may expand employer duties, strengthen anti-retaliation measures, and reshape whistleblowing as a core governance and employment law issue.

Grant Wilkinson
Mar 174 min read


A New Era for Injured Workers: South Africa’s COIDA Regulations Put Human Rehabilitation at the Centre of Occupational Recovery
South Africa’s new COIDA Rehabilitation and Return-to-Work Regulations place legal duties on employers to support injured workers through structured rehabilitation and reintegration programmes. Learn key compliance steps, employer obligations, and how the new framework prioritises human recovery.

John Botha
Mar 129 min read


Labour Court: Delay in Disciplinary Action NOT Governed by Prescription Act
A landmark Labour Court ruling clarifies that the Prescription Act does not apply to internal disciplinary proceedings. Employers may discipline historical misconduct, although unreasonable delays may still affect procedural fairness and CCMA outcomes.

Jonathan Goldberg
Mar 113 min read


Integrated HR Systems: Why Performance Management, Career Development and Succession Planning Must Work Together
Integrated HR systems linking performance management, career development and succession planning help employers ensure fair promotion, defend against unfair labour practice claims and retain critical talent. In a VUCA environment, structured talent pipelines, transparent criteria and evidence-based decisions strengthen compliance, employee trust and organisational resilience.

John Botha
Mar 104 min read


Budget Speech 2026: What HR and Executives Should Be Doing Now
SA's 2026 Budget Speech signals fiscal discipline, productivity pressure, and tighter governance. For HR leaders and executives, this means proactive wage strategy, capability-focused workforce planning, skills investment aligned to ROI, and strengthened compliance frameworks. With CPI at 3.4% and cost-of-living pressures persisting, organisations must balance labour stability with operational sustainability. People strategy is now fiscal strategy—and leadership execution wil

Grant Wilkinson
Mar 43 min read


Annual Employment Conference 2026: Human Insight, AI, and the Future of Work in South Africa
Annual Employment Conference 2026 brings together HR, ER and business leaders to unpack how artificial intelligence, labour law reform, productivity pressure and governance risk are reshaping the workplace. The event focuses on practical implementation, defensible decision-making, workforce capability and building trust in a rapidly evolving employment landscape.

GBS
Mar 33 min read


South Africa's Labour Law Landscape Is About to Change — And Your Voice Matters
After two years of NEDLAC negotiations, proposed amendments to the Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act and National Minimum Wage Act have been gazetted for public comment. This article breaks down major employer-facing changes, including high-earner remedy limits, a simplified procedural fairness test, start-up exemptions, retrenchment reforms, Section 77 limits, and risks like higher severance pay and “on call” protections.

John Botha
Feb 269 min read


Private Note Sparks Court Battle Over Dismissal
The Labour Court reviewed a dismissal dispute involving a private note written during disciplinary proceedings, emphasising that arbitration awards cannot rely solely on documents without properly tested evidence. The judgment reinforces procedural fairness and evidentiary standards in CCMA dismissal cases.

Jonathan Goldberg
Feb 263 min read


Tried but Couldn’t or Could but Didn’t? Why Poor Performance Cases Are Surging and What Employers Must Get Right
As technology and workplace expectations shift, poor performance dismissals are becoming more complex. Recent South African labour law cases highlight how employers must correctly distinguish between incapacity, misconduct, and underperformance, apply fair PIP processes, and ensure procedural compliance to avoid unfair dismissal findings.

John Botha
Feb 253 min read


Beyond Compliance: Reclaiming the Spirit of Black Economic Empowerment
Black Economic Empowerment must evolve beyond compliance-driven scorecards to achieve real economic inclusion. This article examines the risks of superficial transformation, elite capture, and limited grassroots impact, while outlining how organisations can reclaim BEE’s original purpose through skills development, SME support, and conscious empowerment strategies.

Cindie Muller
Feb 242 min read


COSATU Calls Nationwide Protest Action on 26 February 2026: What Employers Need to Know
COSATU has announced protected protest action under Section 77 of the Labour Relations Act on 26 February 2026. Employers must understand employee protections, no work no pay rules, and operational risks. This guide explains legal obligations, payroll implications, and practical steps employers should take to manage protest-related disruption lawfully and effectively.

John Botha
Feb 175 min read


Zulu Nyala v Beukes: POPIA Compliance Lessons on Post Employment Data Misuse
Zulu Nyala v Beukes clarifies that Section 20 of POPIA imposes ongoing obligations on employees who access personal information. Post-employment misuse of client data can lead to interdicts and legal action. Employers must strengthen confidentiality clauses, access controls, POPIA training, and exit procedures to prevent data breaches and protect commercial information.

Sue Singh
Feb 164 min read


Master Your Employment Equity Strategy in 2026: From Compliance to Organisational Advantage
South African employers must treat Employment Equity as a strategic priority in 2026. Sectoral targets, stricter compliance requirements, and reporting obligations demand structured EE plans aligned with workforce planning, recruitment, and leadership development. A proactive Employment Equity strategy improves compliance, strengthens talent pipelines, and enhances organisational performance.

GBS
Feb 163 min read


SONA 2026, from an Employer Perspective
From increased Skills Development Levy refunds and YES programme reform to 10,000 new labour inspectors, SONA 2026 reshapes the employer landscape. Businesses investing in youth, skills, SME supply chains and ethical compliance can unlock co-funding and talent pipelines, while low-compliance models face heightened scrutiny and risk.

John Botha
Feb 132 min read


An Employee is Able to Choose His Employer when a Proper Restraint of Trade is not in Place
In Sourceworx v Datacentrix, the Gauteng High Court ruled that without a proper restraint of trade, an employee’s right to choose their employer cannot be limited by inter-company agreements. The Court rejected attempts to enforce no-poaching undertakings, emphasising constitutional rights, public policy, and the need for a legitimate protectable interest.

Jonathan Goldberg
Feb 123 min read
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