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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


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


If An Employee Goes AWOL Can You Dismiss Them For Misconduct?
Can you dismiss an employee for going AWOL in South Africa? Learn the legal perspective on unauthorized absenteeism and misconduct.

GBS
May 18, 20212 min read


When Insolence Leads to a Fair Dismissal
Insolence vs. insubordination: Understanding fair dismissal in South African workplaces when derogatory remarks are involved.

GBS
Jan 21, 20211 min read


Suspension Prior to a Disciplinary Enquiry is Not Always Punitive
Precautionary suspension isn't always punitive. Learn how South African law views suspensions in the workplace under the Labour Relations Ac

GBS
Jan 12, 20213 min read


When a Dismissal Related to Unprotected Strikes is Fair
Dismissing employees for unprotected strikes is fair when actions render the employment relationship intolerable, as shown in the Edcon case

GBS
Jan 5, 20212 min read
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