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.
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John Botha
- Aug 21
- 2 min
Workplace Harassment: Balancing Employer and Employee Responsibilities
Workplace harassment: balancing employer and employee duties for timely reporting, prevention, and cooperation in South Africa.
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John Botha
- Aug 8
- 2 min
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.
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John Botha
- Jul 11
- 3 min
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.
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John Botha
- Jul 4
- 2 min
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.
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John Botha
- May 2
- 2 min
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.
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John Botha
- Apr 25
- 2 min
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
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John Botha
- Mar 7
- 2 min
CEO Non-Performance: Misconduct or Incapacity?
Explore whether CEO non-performance is due to misconduct or incapacity, and learn how to address each scenario effectively.
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John Botha
- Mar 5
- 2 min
Substances – Privacy Meets Workplace
Understand the balance between privacy rights and workplace safety regarding substance abuse, especially with cannabis, in South Africa.
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John Botha
- Feb 22
- 2 min
When It Comes to Theft, Size Doesn’t Matter
In employment, theft of any size can break trust and justify dismissal, as trust is crucial in the employer-employee relationship.
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John Botha
- Feb 8
- 2 min
Alcohol and the Incapacity vs. Misconduct Conundrum: A Legal Analysis
Explore the legal complexities of addressing alcohol-related issues in the workplace, balancing misconduct and incapacity in recent cases.
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Jonathan Goldberg & Grant Wilkinson
- Sep 28, 2023
- 3 min
False Representation By An Employee – The Consequences can accumulate
False representation in employment can lead to severe legal consequences, including restitution and damages claims.
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GBS
- Sep 26, 2023
- 3 min
Differentiating Between Misconduct and Incapacity
Learn to differentiate between employee misconduct and incapacity in South African workplaces for fair and effective management.
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GBS
- Sep 21, 2023
- 2 min
Dealing Decisively with Abscondment, When an Employee Wishes to Resume Work
Dealing decisively with employee abscondment and return in South African workplaces.
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Jonathan Goldberg
- Aug 29, 2023
- 2 min
Balance of Probabilities – Misconduct Dismissal
Explore the case of misconduct dismissal under South African labour law, emphasizing the importance of honesty in the workplace.
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Jonathan Goldberg
- Aug 23, 2023
- 2 min
Dismissal: Gross Negligence and Consistency?
Explore the fairness of dismissal for gross negligence in South African labour law, focusing on consistency and disciplinary procedures.
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GBS
- Nov 22, 2022
- 2 min
Misconduct Dismissal: “Intolerability” Not Be Confused With Mere “Incompatibility”
Exploring the nuances of misconduct dismissal in SA workplaces, focusing on the distinction between 'intolerability' and 'incompatibility'.
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GBS
- Oct 25, 2022
- 3 min
The Duty to Disclose a Conflict of Interest
Transparency in procurement: The duty to disclose conflicts of interest is crucial in maintaining workplace ethics.
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GBS
- Sep 20, 2022
- 2 min
Disciplinary Action Needs to Happen Quickly
Learn why disciplinary action needs to be taken promptly in South African workplaces to ensure fairness and maintain trust.
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GBS
- May 25, 2021
- 3 min
When The Employer Is Too Quick On The Draw In A Misconduct Dismissal
Learn how a rushed misconduct dismissal can backfire, as shown in the SABC v Phasha case, and the importance of following correct procedures
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