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DisÂmissal for absence durÂing JailÂTime 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
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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
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EduÂcaÂtion offiÂcials’ sackÂing upheld after R2m ghost scam
The Labour Appeal Court in Gauteng Department of Education v GPSSBC [2025] ZALAC 2 upheld the dismissal of four officials linked to a R2 million ghost employee scam. Despite earlier reinstatement rulings, the LAC found the employees’ failure to safeguard or explain compromised login credentials made them accountable. The Court ruled the dismissals substantively and procedurally fair, reinforcing accountability in public-sector payroll and IT access control.

Jonathan Goldberg
Oct 293 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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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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Labour Court Reviews Supervisor’s Dismissal Case for Inappropriate Comments
Labour Court rules on a supervisor’s dismissal for misconduct—fair outcome, but poor procedure leads to compensation. A key HR compliance case.

Jonathan Goldberg
Jul 12 min read
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Navigating the Digital Minefield: A Framework for Assessing Sexual Harassment in the Modern Workplace
Assessing sexual harassment in digital workplaces requires intent, context, and power dynamics, not just policy checklists.

John Botha
May 275 min read
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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
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Sexual Harassment in the Workplace: Lessons from Pioneer Foods (Pty) Limited vs CCMA
Insights from Pioneer Foods case on sexual harassment, workplace conduct, and fairness in disciplinary processes.

Jonathan Goldberg
Apr 22 min read
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Safeguarding Trust: The Crucial Role of Qualification Verification in South African Workplaces
Qualification verification ensures trust and competence in SA workplaces. Learn about key laws safeguarding organisational integrity.

John Botha
Oct 22, 20242 min read
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Navigating the Digital Minefield: South African Workplaces Grapple with Online Misconduct - Porn
South African workplaces face challenges with online misconduct. Learn how clear policies can prevent digital behaviour issues.

John Botha
Oct 17, 20242 min read
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COSATU's Nationwide Protest: A Call for Employer Vigilance and Preparedness
COSATU's protest on 7 October urges employers to prioritise preparedness, communication, and contingency plans to ensure business continuity

John Botha
Oct 3, 20242 min read
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Performance Management in a Regulated Yet Agile Environment: Balancing Legal Compliance with Organisational Agility
Balancing legal compliance with agility in performance management: Navigating labour laws while fostering organizational flexibility.

John Botha
Aug 27, 20243 min read
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Workplace Harassment: Balancing Employer and Employee Responsibilities
Workplace harassment: balancing employer and employee duties for timely reporting, prevention, and cooperation in South Africa.

John Botha
Aug 21, 20242 min read
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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
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The Duty to Speak Up: South Africa's Bold Move Against Corruption
Discover how South Africa's PRECCA places a legal duty on leaders to report corruption and mandates proactive measures against it.

John Botha
Jul 11, 20243 min read
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The Silent Accomplice: Understanding Derivative Misconduct in the Workplace
Explore the concept of derivative misconduct in the workplace and why failing to report colleagues' misdeeds can breach trust and integrity.

John Botha
Jul 4, 20242 min read
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Strike Trends and What to Expect in South Africa
Explore 2023 strike trends in South Africa, with wage disputes dominating, and what to expect from upcoming labour actions.

John Botha
May 2, 20242 min read
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President Ramaphosa Signs Landmark Hate Crimes and Hate Speech Bill into Law Johannesburg, 9 May 2024
President Ramaphosa signs the Hate Crimes and Hate Speech Bill into law, urging employers to update policies on discrimination and harassmen

John Botha
Apr 25, 20242 min read
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