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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


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


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


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


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


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


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


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


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


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


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


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


Differentiating Between Misconduct and Incapacity
Learn to differentiate between employee misconduct and incapacity in South African workplaces for fair and effective management.

GBS
Sep 26, 20233 min read


Dealing Decisively with Abscondment, When an Employee Wishes to Resume Work
Dealing decisively with employee abscondment and return in South African workplaces.

GBS
Sep 21, 20232 min read


Balance of Probabilities – Misconduct Dismissal
Explore the case of misconduct dismissal under South African labour law, emphasizing the importance of honesty in the workplace.

Jonathan Goldberg
Aug 29, 20232 min read


Dismissal: Gross Negligence and Consistency?
Explore the fairness of dismissal for gross negligence in South African labour law, focusing on consistency and disciplinary procedures.

Jonathan Goldberg
Aug 23, 20232 min read


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'.

GBS
Nov 22, 20222 min read


The Duty to Disclose a Conflict of Interest
Transparency in procurement: The duty to disclose conflicts of interest is crucial in maintaining workplace ethics.

GBS
Oct 25, 20223 min read


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.

GBS
Sep 20, 20222 min read


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

GBS
May 25, 20213 min read
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