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Sectoral Employment Equity Targets: BUSA and DEL Navigate Complex Transformation Landscape
New EE targets confirmed. DEL and BUSA debate methodology, legalities, and disability goals in SA's evolving transformation framework.

John Botha
Jun 243 min read
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Dismissal Under the Guise of Operational Requirements
Retrenchments must be fair and genuine—this case proves employers can't mask misconduct fallout as operational requirements.

Jonathan Goldberg
Jun 122 min read
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Setting the Record Straight: Why Employment Equity Plans Cannot Be Shortened to Two Years
EEA plans must run for five years—shorter plans are non-compliant under the 2022 Employment Equity Act amendments and regulations.

John Botha
Jun 53 min read
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Ghost Workers and Disciplinary Standards
LAC ruling and Draft Dismissal Code clarify that disciplinary hearings rely on practical fairness—not criminal trial standards.

Grant Wilkinson
Jun 44 min read
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RESTRAINT OF TRADE: DIVERTING PATIENTS TO NEW PRACTICE
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Labour Appeal Court upholds restraint of trade against former employee who diverted patients to a new practice using confidential info.

Jonathan Goldberg
May 292 min read
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Employment Equity Act Faces Constitutional Challenge That Could Force Year-Long Rewrite if DA are correct
DA court challenge to Employment Equity Act may force a full legislative restart due to alleged constitutional procedural flaws.

John Botha
May 152 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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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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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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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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Incompatibility - Where Does It Fit In?
Incompatibility in the workplace, a form of incapacity, may soon be formally recognized under South African labour law, impacting employment

John Botha
Feb 20, 20242 min read
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Navigating the Use of Cannabis in the Workplace: A Balanced Approach to Employee Health and Wellness
Balanced cannabis policies in South African workplaces ensure health, safety, and productivity for all employees.

GBS
Nov 23, 20232 min read
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Minimum Requirements for Employment Contracts: Understanding Section 29 of the BCEA
Essential employment contract clauses in South Africa: POPI, Cybercrimes, substance abuse, BYOD, and remote work regulations.

GBS
Oct 10, 20233 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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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
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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
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Pregnancy-related Dismissal South Africa (MELISSA BRANDT V QUOIN ROCK WINES C152/2021)
Explore the legal implications of pregnancy-related dismissal in South Africa through a landmark case.

GBS
Nov 8, 20226 min read
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What is Procedural Fairness in a Retrenchment?
Understanding procedural fairness in retrenchment is crucial for avoiding negative outcomes at the CCMA.

GBS
Nov 1, 20222 min read
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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
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