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Restraints of Trade in South Africa: What HR Leaders Need to Know in 2025
Understand how to craft and enforce restraint of trade clauses in South Africa to protect your business while staying compliant in 2025.

Anndine Dippenaar
3 days ago4 min read
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Off-Duty Misconduct in South African Employment Law: The Nexus Test and Employee Accountability
Off-duty misconduct can lead to dismissal in SA law. Learn how the nexus test, social media, and fairness standards impact employee accountability.

Grant Wilkinson
3 days ago7 min read
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Labour Court Reviews Supervisor’s Dismissal Case for Inappropriate Comments
Labour Court rules on a supervisor’s dismissal for misconduct—fair outcome, but poor procedure leads to compensation. A key HR compliance case.

Jonathan Goldberg
Jul 12 min read
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Equal Pay for Equal Work
LAC overturns ruling in PRASA v Hoyo, clarifying equal pay claims under the EEA and highlighting limits of comparator evidence.

Jonathan Goldberg
Jun 252 min read
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Dismissal Under the Guise of Operational Requirements
Retrenchments must be fair and genuine—this case proves employers can't mask misconduct fallout as operational requirements.

Jonathan Goldberg
Jun 122 min read
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Strategic Case Management: The Power of Pre-Arbitration Minutes in Labour Disputes
Pre-arbitration minutes aren’t admin—they’re a strategic tool that can make or break your labour dispute case. Use them wisely.

Grant Wilkinson
Jun 103 min read
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Ghost Workers and Disciplinary Standards
LAC ruling and Draft Dismissal Code clarify that disciplinary hearings rely on practical fairness—not criminal trial standards.

Grant Wilkinson
Jun 44 min read
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RESTRAINT OF TRADE: DIVERTING PATIENTS TO NEW PRACTICE
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Labour Appeal Court upholds restraint of trade against former employee who diverted patients to a new practice using confidential info.

Jonathan Goldberg
May 292 min read
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Dismissal – Security Procedure Breach and the Balance of Probabilities
Dismissal upheld after mineworker breached security policy; CCTV footage confirmed misconduct and justified termination.

Jonathan Goldberg
May 72 min read
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Religious Freedom vs. Labour Laws in South Africa
Labour Court rules church liable for gender discrimination, reinforcing that religious bodies must comply with labour laws.

John Botha
Apr 174 min read
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Dismissal – Gross negligence
Labour Court upholds dismissal for gross negligence in stock loss case, reinforcing accountability in inventory management.

Jonathan Goldberg
Apr 143 min read
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Eradicating Racism in the Workplace: A Firm Stance From The Labour Court
Labour Court upholds dismissal for workplace racism, reinforcing zero-tolerance policies and emphasizing fair disciplinary procedures.

Jonathan Goldberg
Apr 72 min read
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Sexual Harassment in the Workplace: Lessons from Pioneer Foods (Pty) Limited vs CCMA
Insights from Pioneer Foods case on sexual harassment, workplace conduct, and fairness in disciplinary processes.

Jonathan Goldberg
Apr 22 min read
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Market Forces vs. Equal Pay: Landmark Ruling Reshapes Salary Negotiation Landscape
Labour Court rules market-driven pay gaps aren't discrimination if justified. Learn how to align salary strategies with fair pay practices.

John Botha
Dec 12, 20241 min read
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CCMA Landmark Ruling: Experience Trumps Rigid Race Quotas in SAPS Promotion Case
CCMA rules against rigid race quotas, favouring merit and experience in SAPS promotion case, reshaping affirmative action in South Africa.

John Botha
Nov 28, 20241 min read
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