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Advancing Your HR Practice: The Strategic Value of the Advanced Occupational Certificate (NQF 6)
Advance your HR career with the Advanced Occupational Certificate: HRM Officer (NQF 6). This qualification equips HR professionals to move from admin and transactional tasks into true strategic partnership. Blend knowledge, practical skills, and workplace application to manage talent, design organisations, support employment relations, and align people strategy with business goals in a fast-changing, digitally enabled workplace.

GBS
7 days ago2 min read


Unfair Dismissal – Mental Health
The Labour Appeal Court overturned a ruling that an ethical hacker at Sanlam was constructively dismissed, finding he resigned voluntarily and had not proven intolerable working conditions. Mental-health arguments raised only at review were rejected, with the Court confirming that incapacity and constructive dismissal must not be conflated. The CCMA’s original finding was restored, offering clarity on mental-health claims in dismissal disputes.

Jonathan Goldberg
Dec 93 min read


Labour Appeal Court Rules Employee’s Insolence Bars Return to Work
The Labour Appeal Court in CCI Call Centres (Pty) Ltd v Pinn [2025] ZALAC 24 upheld an employee’s dismissal for gross insubordination and insolence after he refused to process payroll codes and insulted the CFO. The Court ruled reinstatement inappropriate due to the breakdown of trust, criticising the Labour Court for re-hearing the case instead of applying the reasonableness test. The Arbitrator’s one-month compensation award was reinstated.

Jonathan Goldberg
Nov 122 min read


Dismissal for absence during JailTime upheld
The Labour Court in Ndzeru v Transnet National Ports Authority [2023] ZALCCT 11 upheld the dismissal of an employee jailed for attempted hijacking. Absent for over seven weeks, the worker was dismissed for incapacity after bail was twice denied. The Court ruled the process fair, noting union representation and no duty for a post-dismissal hearing in incarceration cases. The judgment affirms operational fairness and employer rights where absence stems from imprisonment.

Jonathan Goldberg
Nov 53 min read


Consequences of Swearing at Your Boss: Legal Principles and the Role of the Amygdala Hijack
Swearing at a boss may feel impulsive, but in South African labour law, emotional outbursts seldom excuse misconduct. The Labour Relations Act recognises verbal abuse toward senior leaders as gross misconduct and insubordination. Dismissal can be fair if trust breaks down and procedures are followed. While stress or provocation may mitigate, the law prioritises respect, discipline, and procedural fairness over emotional impulse.

John Botha
Nov 43 min read


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
Sep 113 min read


Effective Strike Management: Practical Strategies to Protect Your Business
Navigate strikes legally and strategically in SA: manage risks, ensure compliance, and protect business continuity with effective strike management.

GBS
Sep 92 min read


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


Employee Dismissed for Illegal Money-Lending Scheme Loses Court Battle
Dismissal upheld: Employee involved in illegal money-lending at work loses review bid despite claiming it was a stokvel under the NCA.

Jonathan Goldberg
Jul 303 min read


Employer Surveillance in South Africa: Navigating the Legal Landscape
Workplace surveillance in South Africa must balance legal compliance with privacy rights. Know your responsibilities under POPIA, RICA, and more.

John Botha
Jul 243 min read


When Following Orders Becomes a Firing Offense: A Critical Examination of Workplace Power Dynamics and Legal Fairness
A recent court case questions if employees should be fired for obeying unlawful orders. Are power dynamics in the workplace fairly judged?

John Botha
Jul 153 min read


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
Jul 107 min read


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


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


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


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


Strengthening Workplace Safety: Code Sets Comprehensive Standards for Combating Gender-Based Violence and Harassment
New Code sets workplace safety standards to combat GBV and harassment. Learn about prevention strategies and victim-centered support.

John Botha
Dec 3, 20242 min read


Revolutionizing Disciplinary Enquiries: The Dawn of DE BOTS
Discover how DE BOTS revolutionizes disciplinary enquiries with AI, enhancing efficiency, consistency, and legal accuracy in HR management.

John Botha
Sep 19, 20242 min read


Dancing on the Edge: Why Clear Policies and Solid Evidence Matter in Workplace Discipline
Clear policies and solid evidence are crucial in workplace discipline, as shown by a Labour Court case involving a controversial dismissal.

John Botha
Aug 8, 20242 min read


The Art of Cross-Examination in Disciplinary Enquiries
Cross-examination is a crucial aspect of disciplinary inquiries, serving as a powerful tool to uncover the truth and ensure a fair and j...

John Botha
Jun 4, 20242 min read
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