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Landmark Judgment: Constitutional Court Confirms Equal Parental Leave for All Parents
The Constitutional Court’s landmark ruling in Van Wyk and Others v Minister of Employment and Labour transforms parental leave in South Africa. Declaring sections of the BCEA and UIF Act unconstitutional for discriminating against fathers, adoptive, and commissioning parents, the Court ordered immediate interim relief: any two parents can now share four months’ leave. Employers must urgently update policies, payroll, and contracts to ensure compliance and avoid unfair discrim

John Botha
Oct 84 min read
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Digital Duty of Care—Building Workplace Resilience in the Age of Cybercrime, Social Media & AI
SA employers face growing legal and cyber risks as technology, social media, and AI reshape the workplace. A robust IT Acceptable Use, Cybercrime, Social Media & AI Policy is now essential for compliance and resilience. Aligning with the Cybercrimes Act, POPIA, ECTA, RICA, and labour law safeguards privacy, mitigates cybercrime, and ensures fair, ethical AI use. Clear rules, training, and incident response protocols protect companies from legal exposure and reputational harm

John Botha
Oct 73 min read
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Labour Appeal Court Upholds Restraint Agreement Against Former CEO
LAC upholds 2015 restraint of trade: Jones v Compendium confirms enforceability where no clear novation exists, safeguarding employer interests.

Jonathan Goldberg
Oct 23 min read
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Navigating the Legal Landscape: Building a Comprehensive Resourcing Policy in South Africa's Evolving Employment Framework
Build a compliant, future-ready resourcing policy in SA—align EE, POPIA, fair pay, and recruitment best practices to support business and transformation.

John Botha
Oct 16 min read
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Solidarity v Minister of Employment and Labour (J661/23): Contempt Proceedings and the Implementation of Affirmative Action Settlement Agreements
Solidarity v Minister tests affirmative action compliance. Outcome may reshape SA’s Employment Equity Regulations and employer obligations.

John Botha
Sep 233 min read
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DISMISSAL – OPERATIONAL REQUIREMENTS
A significant ruling, delivered on 29 August 2024, in the matter of UMICORE CATALYST SOUTH AFRICA (PTY) LTD V NUMSA AND OTHERS (PA3/23)...

Jonathan Goldberg
Sep 183 min read
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Workplace Relationships
Workplace romances aren’t banned in SA law, but fair policies on disclosure, conflicts, and conduct are vital for trust and compliance.

John Botha
Sep 173 min read
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Master Employment Equity Reporting: Avoid Penalties with Accurate EEA2 & EEA4 Submissions
Master EE compliance: submit accurate EEA2 & EEA4 reports by 15 Jan 2026. Avoid penalties—join our accredited training on 7 Oct 2025.

GBS
Sep 163 min read
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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
Sep 113 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
Sep 103 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
Sep 92 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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