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AUTOMATICALLY UNFAIR DISMISSAL – RETIREMENT AGE
The Constitutional Court has clarified whether dismissal after retirement age is automatically unfair under the Labour Relations Act. In MISA v Great South Autobody CC [2024] ZACC 29, the Court split on whether dismissal months after the agreed retirement age amounts to unfair age discrimination. While some judges argued that delay could waive the employer’s right, the majority held that section 187(2)(b) allows dismissal at any time after the agreed retirement age, provided

Jonathan Goldberg
2 days ago3 min read
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The Cost of False Qualifications: New Legislative Measures to Combat Academic Fraud in the Workplace
SA's new laws target qualification fraud—employers must verify credentials or face legal and financial penalties. Are you prepared?

John Botha
Aug 63 min read
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COIDA Assessment Thresholds Rise for 2025/2026: What Employers Need to Know
COIDA thresholds rise for 2025/2026—employers must update payroll and ROE submissions to reflect new earnings caps and minimum assessments.

John Botha
May 132 min read
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Crossing the Line: Why Workplace Harassment Policies Matter
n today's professional environment, the line between friendly workplace behaviour and inappropriate conduct can sometimes blur

John Botha
Mar 272 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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Strategic Workforce Planning: Navigating Uncertainty with Precision
Strategic workforce planning helps navigate uncertainty. Learn how analytics and forecasting ensure compliance and business stability.

John Botha
Nov 26, 20242 min read
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Statutory Record Retention Requirements in South Africa
Learn key record retention laws in South Africa to protect data, reduce risks, and ensure compliance with statutory requirements.

John Botha
Oct 28, 20243 min read
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South African Wage Negotiations: Balancing Equality and Economic Stability
SA’s wage negotiations highlight the struggle to balance income equality with economic stability amid high inequality and inflation.

John Botha
Sep 10, 20242 min read
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Employment Contract Generator, Adapting to the New World of Work
Stay compliant in the new world of work with our automated employment contract generator, tailored to your specific needs.

John Botha
Jun 13, 20242 min read
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Appropriation of Liability between Clients and their Temporary Employment Service (TES) Providers
Understand how to allocate liability between clients and Temporary Employment Service (TES) providers in hybrid workforce models.

John Botha
May 9, 20242 min read
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Dispelling Fixed-Term Contract Myths
Debunk common myths about Fixed-Term Contracts (FTCs) and understand the legal requirements for fair and compliant employment practices.

John Botha
Mar 14, 20242 min read
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CEO Non-Performance: Misconduct or Incapacity?
Explore whether CEO non-performance is due to misconduct or incapacity, and learn how to address each scenario effectively.

John Botha
Mar 7, 20242 min read
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The True Value of Pay for Performance to Employees
Explore how pay for performance drives motivation and satisfaction, enhancing organizational culture and employee retention in 2024.

GBS
Oct 26, 20233 min read
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Minimum Requirements for Employment Contracts: Understanding Section 29 of the BCEA
Essential employment contract clauses in South Africa: POPI, Cybercrimes, substance abuse, BYOD, and remote work regulations.

GBS
Oct 10, 20233 min read
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Probation: Often Over-Rated in the Workplace
Probationary periods in South Africa: Understanding rights, obligations, and potential pitfalls.

GBS
Oct 3, 20232 min read
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Fixed-Term Contract Renewals for Managers
Fixed-term contract renewals for managers: Ensure clarity on expectations to avoid disputes, as seen in the Mageni vs SABS case.

GBS
Jan 4, 20212 min read
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Retirement age and the burden of proof
Retirement age disputes: Burden of proof rests on employees to prove their choice. Learn more from the BMW South Africa case.

GBS
Dec 29, 20202 min read
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Employment Contracts Drafted by HR: Will They Stand Up in Court?
Are HR-drafted contracts legally binding? Learn about a court case that challenged an HR-created employment contract and its implications.

GBS
Dec 24, 20202 min read
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Why you Need to be Careful When Setting your Retirement Age
Setting a retirement age? Ensure it's based on industry standards or face costly legal battles, as seen in this unfair dismissal case.

GBS
Dec 15, 20202 min read
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