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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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Employment Equity Compliance in South Africa: Clarifying the Obligations of Designated vs. Non-Designated Employers
Effective employment equity (EE) is essential for inclusive workplaces and legal compliance in South Africa. The Employment Equity Act distinguishes between designated employers (50+1) with full obligations, and non-designated employers (50-1) with lighter requirements. From EE committees and annual reporting to fair discrimination rules and certificates of compliance, knowing these differences ensures businesses stay compliant while building equitable, competitive workplaces

John Botha
3 days ago3 min read
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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
4 days ago2 min read
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South African Employers Welcomed to Embrace the New Code of Good Practice on Dismissal: A Landmark Opportunity for Modernisation and Balance
SA’s new Code of Good Practice on Dismissal modernises workplace discipline—flexible, fair, and future-proof for employers and employees.

John Botha
Sep 12 min read
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Employment Equity in South Africa: From Compliance to Competitive Advantage. Why Employment Equity Matters in 2025?
Employment Equity in SA is no longer just compliance—it’s a competitive advantage driving transformation, growth, and inclusive workplaces.

GBS
Aug 313 min read
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Workplace Substance Policies: Legal Compliance in the Post-Cannabis Era
Post-cannabis era: SA employers must adopt evidence-based, role-specific workplace substance policies to stay compliant and reduce legal risks.

John Botha
Aug 314 min read
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Women Leading Workplace Transformation in South Africa
Women SDFs are reshaping SA workplaces, driving skills, equity, and innovation to build inclusive, future-ready organisations.

Kerry de Klerk
Aug 283 min read
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Women in Lobbying and Advisory Roles: Navigating South Africa's Policy Landscape
Women in South Africa’s lobbying and advisory roles are shaping inclusive policies, driving growth, and strengthening democratic governance.

Bev Jack
Aug 264 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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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
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The Hidden Legal Time Bomb in Your Company's Digital Communications
Emoji misuse at work is a growing legal risk in South Africa—avoid fines, lawsuits, and reputational damage with a solid emoji policy.

John Botha
Jul 293 min read
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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
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Mental Health in the Workplace: Navigating Incapacity Dismissals When Depression and Anxiety Take Hold
Navigate mental health-related incapacity dismissals legally and compassionately. Key questions, risks, and employer obligations explained.

Anndine Dippenaar
Jul 233 min read
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Immigration: SA’s Balancing Act
SA’s new labour migration policy aims to balance local employment with access to critical skills for growth and global competitiveness.

Natalie Singer
Jul 163 min read
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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
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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
Jul 107 min read
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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
Jul 94 min read
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When Teams Collide: Understanding and Addressing Incompatibility in the Workplace
Explore key causes and signs of team incompatibility—and how to address it to boost collaboration, retention, and workplace harmony.

John Botha
Jul 82 min read
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NAVIGATING OVERTIME COMPLIANCE: Key Legal Requirements and Statutory Provisions
Learn how SA labour law governs overtime—key case law, compliance tips, and practical steps to avoid legal risks and payroll disputes.

John Botha
Jul 34 min read
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How a Healthy Mind Feeds a Healthy Business in B-BBEE
Mental health boosts B-BBEE success—supporting minds drives retention, performance, and real transformation. Prioritise wellness, boost results.

Cindie Muller
Jul 23 min read
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