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CONDONATION – LATENESS DUE TO SPIRITUAL CALLING
The Labour Appeal Court reaffirmed that condonation for late referrals is not automatic under South African labour law. In Aspen Holdings v Phelane, the Court ruled that applicants must provide a full explanation for every period of delay, regardless of the merits of their case. The judgment highlights the importance of complying with statutory timeframes, proper legal procedure, and the strict principles governing condonation applications in dismissal disputes before the Lab

Jonathan Goldberg
6 days ago3 min read


Labour Appeal Court Reinforces Employer’s Right to Enforce Restraint of Trade
Can a restraint of trade still apply after dismissal? This article explains the Labour Appeal Court ruling in Backsports v Motlhanke, where the Court confirmed that restraint agreements remain valid after employment ends, unless fraud or bad faith is proven. Learn what the judgment means for employers seeking to protect clients, staff, goodwill, and business assets.

Jonathan Goldberg
Jun 253 min read


Disciplinary Enquiries and CCMA Arbitration: Why Winning the Hearing Is Only Half the Battle
How can employers win disciplinary cases at the CCMA? This article explains why disciplinary enquiries must be managed with arbitration in mind, covering investigations, charge formulation, procedural fairness, substantive fairness, evidence preparation, witness management, and CCMA readiness under South African labour law.

John Botha
Jun 155 min read


COSATU's 19 June Protest Action: What Every Employer Must Do Now
Is your organisation prepared for COSATU’s protected nationwide protest action on 19 June 2026? Learn what Section 77 of the Labour Relations Act means for employers, including no-work-no-pay rules, employee participation rights, essential services obligations, workforce planning, picketing considerations, and strike preparedness strategies.

John Botha
Jun 114 min read


Labour Court upholds dismissal of NUMSA shop stewards over ‘Impimpi’ WhatsApp message
Can employees be dismissed for WhatsApp messages sent to colleagues? The Labour Court's decision in Weir Minerals Africa v NUMSA confirms that workplace communications which intimidate employees or discourage reporting misconduct can justify dismissal. Learn how the Court assessed the meaning of “impimpi”, the role of remorse, reinstatement, and the fairness of dismissal under South African labour law.

Jonathan Goldberg
Jun 93 min read


Labour Court Upholds Dismissal Over Dishonesty in Promotion Interview
Can an employee be dismissed for failing to disclose a disciplinary record during a promotion interview? Learn how the Labour Court ruled in Hlangana v South African Local Bargaining Council, why misrepresentation was considered serious misconduct, and what the case means for employers, recruitment processes, workplace integrity, and trust-based employment relationships.

Jonathan Goldberg
Jun 43 min read


Process Doesn’t Start at the Hearing: It Starts at the First Conversation
In South African labour law, disputes often begin before a disciplinary hearing reaches the CCMA. Section 188 of the Labour Relations Act requires employers to prove both substantive and procedural fairness. Delays, inconsistent treatment, weak documentation, and poor communication increase legal risk. The 2025 Code of Good Practice on Dismissal highlights early intervention, fair process, and proper employee engagement as essential tools for reducing workplace disputes and c

Grant Wilkinson
May 273 min read


Desertion or Absence? Using the 2025 Code to Get Desertion Dismissals Right
Understand the difference between absenteeism, abscondment, and desertion in South African labour law. Explore how the 2025 Code of Good Practice on Dismissal guides employers on desertion policies, tracing employees, procedural fairness, dismissal processes, and defensible workplace decisions.

John Botha
May 213 min read


MLLU BotBuddy 2026: A Labour Law AI Assistant for South African Employers
MLLU BotBuddy 2026 is a labour law AI assistant built for South African employers, HR professionals, ER practitioners, and legal teams. Trained on labour law update content and South African case law from 2023 onward, it helps users search cases, generate policy clauses, create compliance checklists, and support disciplinary and workplace processes. Delegates attending the Mid-Year Labour Law Update 2026 receive exclusive six-month access.

Courtenay Botha
May 145 min read


Burnout is becoming a Business Risk
Employee burnout is no longer just a wellness issue. In South African workplaces, burnout affects productivity, retention, leadership effectiveness, absenteeism, and organisational performance. Learn how businesses can identify burnout risks, improve workload management, strengthen leadership capability, and build sustainable workplace wellbeing strategies.

Grant Wilkinson
May 133 min read


Paying Someone to Obstruct Their Own Disciplinary Hearing
South African labour law generally requires precautionary suspension to remain on full pay. But recent Labour Court rulings confirm that employers may convert suspension to unpaid where employees deliberately delay disciplinary hearings through postponements, sick notes, or abuse of process. Learn what the law says and what employers should document.

Anndine Dippenaar
May 45 min read


The Sick Note That Won’t Stop Your Disciplinary Hearing
Can an employee stop a disciplinary hearing with a doctor’s note? This article explains South African labour law on sick notes, postponements, hearsay evidence, and in absentia hearings. It unpacks key cases showing why a certificate saying “unfit for work” may not be enough to justify non-attendance at a disciplinary enquiry.

Anndine Dippenaar
Apr 235 min read


Mid-Year Labour Law Update 2026: What Employers Must Know Right Now
The Mid-Year Labour Law Update 2026 gives South African employers a clear view of key legal developments, case law, and compliance risks from the first half of the year. Learn how to adjust policies, strengthen processes, and prepare for emerging workplace challenges before they escalate.

GBS
Apr 214 min read


The Splitting of Charges in Disciplinary Enquiries: When One Incident Becomes Multiple Charges
When does one incident justify multiple disciplinary charges? This article explains the legal test for splitting charges in South African labour law, with key case insights on fairness, evidence, and how employers should draft defensible charges.

Anndine Dippenaar
Apr 133 min read


From Schedule 8 to the New Dismissal Code: What Really Changes in Misconduct Cases?
The new Code of Good Practice: Dismissal (2025) builds on Schedule 8 but introduces a more structured approach to misconduct cases. This article explains how to determine guilt, assess sanction, apply consistency, and evaluate trust, harm, and fairness in disciplinary processes under South African labour law.

John Botha
Apr 25 min read


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
Mar 245 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
Mar 233 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
Mar 193 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


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
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