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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
3 days ago7 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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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.

John Botha
Mar 7, 20242 min read
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Substances – Privacy Meets Workplace
Understand the balance between privacy rights and workplace safety regarding substance abuse, especially with cannabis, in South Africa.

John Botha
Mar 5, 20242 min read
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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.

John Botha
Feb 22, 20242 min read
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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.

John Botha
Feb 8, 20242 min read
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False Representation By An Employee – The Consequences can accumulate
False representation in employment can lead to severe legal consequences, including restitution and damages claims.

Jonathan Goldberg & Grant Wilkinson
Sep 28, 20233 min read
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