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Labour Appeal Court clarifies when preferential recruitment practices comply with employment equity requirements In a significant ruling that provides much-needed clarity on the boundaries of affirmative action in recruitment, the Labour Appeal Court (LAC) has overturned a lower court decision and found that Eskom's controversial "pipelining" shortlisting practice does not constitute unfair discrimination. The Case at a Glance Altus Erasmus, a long-serving Eskom employee, applied for a senior management position. Despite being recommended for appointment after progressing through the recruitment process, he was not ultimately selected. The case centred on Eskom's employment equity policy, which prioritised candidates from designated groups, specifically African males and females at senior management level, to achieve representativity and transformation objectives. Critically, the policy meant that candidates from non-designated groups (in this case, white males) were only considered for shortlisting if no suitable designated candidates were available in the initial recruitment round. This created what Erasmus argued was a "secondary shortlisting opportunity" that effectively excluded him from fair consideration. The Labour Court's Initial Finding The Labour Court sided with Erasmus, finding that Eskom's practice constituted unfair discrimination and an "absolute barrier" to employment for non-designated groups. The court reasoned that: Shortlisted candidates must not be excluded solely on race or gender before the interview stage Such exclusion removes the opportunity to compete for employment The practice was not a proper affirmative action measure under the Employment Equity Act (EEA) Eskom was ordered to compensate Erasmus and remedy its recruitment methods. The Appeal Court's Reversal The Labour Appeal Court took a fundamentally different view, overturning the Labour Court's decision and finding that Eskom's employment equity and pipelining practices were rational, lawful, and did not amount to absolute exclusion . Key Principles Established The LAC emphasised several critical points: Equity measures may legitimately inform recruitment , provided they are not rigid quotas or applied in a manner that absolutely excludes any group without further consideration "Pipelining" is permissible as part of broader equity strategies designed to advance redress and transformation, particularly when targeting senior management levels where historical imbalances persist Designated groups are not automatically appointed, and non-designated groups are not precluded at every stage —rather, the practice allows focused advancement of transformation objectives while permitting consideration of non-designated candidates when suitable designated candidates are not available There was no outright ban ; instead, the policy was a method to achieve demographic targets at senior levels while creating opportunities for appointments from targeted groups in the absence of suitable candidates The Constitutional Framework The LAC applied the established test from SAPS v Barnard , which requires that affirmative action measures must: Target a disadvantaged class Seek to advance or protect that class Promote substantive equality The court found that Eskom's policy met these requirements and was a rational response to persistent demographic imbalances at management level, consistent with both the Constitution and the Employment Equity Act. Practical Implications for Employers This judgment provides important guidance for organisations implementing employment equity plans: What employers CAN do: Implement preferential shortlisting practices that prioritize designated groups for specific positions or levels where underrepresentation exists Create "pipeline" systems that focus initial recruitment efforts on designated candidates Design staged recruitment processes that allow for targeted advancement of transformation objectives What remains critical: Such practices must be rational and proportionate to the transformation objectives They must be applied as part of broader equity strategies , not as isolated exclusionary measures There must be flexibility to consider non-designated candidates when suitable designated candidates are not available The measures must not operate as rigid quotas or absolute barriers The Broader Context With the new Employment Equity Amendment Act dispensation now in effect, this judgment is particularly timely. The LAC's reasoning supports a purposive, flexible approach to achieving employment equity targets while maintaining constitutional compliance. Employers should note that the court distinguished between: Legitimate transformation measures that structure recruitment to advance designated groups Unlawful discrimination that creates absolute barriers without justification or flexibility The Eskom decision affirms that employers have significant latitude to implement robust employment equity measures, including preferential shortlisting practices, provided these are: Rationally connected to legitimate transformation objectives Applied flexibly rather than as rigid exclusions Part of comprehensive employment equity strategies Consistent with the constitutional imperative of achieving substantive equality Organisations should review their recruitment and shortlisting practices to ensure they align with this framework, particularly as they navigate compliance with updated employment equity requirements and sectoral targets. For assistance with employment equity compliance, recruitment policies, or navigating complex transformation requirements, contact Global Business Solutions. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events  and Qualifications ,   like Landmark Judgment: Equal Parental Leave for All Parents ,  Managing Absenteeism in the Workplace, #ALLU2025, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

Job hugging describes a labour phenomenon where employees cling tightly to their current positions, often despite feeling disengaged or unsatisfied . This behaviour is largely driven by concerns over external job market conditions, economic instability, and the fear of layoffs. Unlike the previously common trend of job hopping, employees engaging in job hugging prioritise perceived job security and stability over career advancement or acquisition of new skills. The South African Labour Market Context South Africa’s labour market has experienced significant volatility, characterised by high unemployment rates and economic fluctuations. These conditions exacerbate workers’ fears of job loss, making job hugging more prevalent. In environments where opportunities are scarce and layoffs threaten livelihood, many employees opt to retain their existing roles despite diminished job satisfaction. This trend affects employee morale, organisational productivity, and talent development across sectors. Indicators of Job Hugging Employers should be vigilant for signs of job hugging within their workforces, such as: Declining initiative or performance as employees avoid taking on extra responsibilities; Reluctance to pursue upskilling or transition into different roles; Repetitive work patterns with avoidance of risk or innovation; Open expressions of fear, dissatisfaction, or uncertainty about job security; Noticeable disengagement or emotional disconnect from the company and its mission. Managing Job Hugging Effectively To mitigate job hugging in South African workplaces, organisations can implement targeted strategies: Set clear, achievable growth goals and encourage employees to undertake stretch projects that build capability and confidence; Invest in mentoring programmes, training, and career development pathways that empower staff to expand their skills and explore lateral or upward mobility; Redesign job roles to incorporate variety and cross-functional experiences, reducing monotony and encouraging innovation; Create open, transparent communication channels that foster trust, where employees feel safe to voice concerns and dissatisfaction; Provide meaningful recognition and reinforce the company vision to rebuild emotional engagement and alignment with organisational goals. Job hugging reflects a broader socio-economic reality in South Africa, where concerns about economic uncertainty and job stability influence employee behaviour. By understanding and addressing job hugging, labour relations professionals can help build a more resilient, engaged workforce prepared to meet future challenges without compromising employee well-being or organisational performance. This article aims to deepen understanding of the job-hugging phenomenon and support South African employers in crafting proactive, empathetic responses that balance workforce stability and growth. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events and Qualifications ,   like Landmark Judgment: Equal Parental Leave for All Parents ,  Managing Absenteeism in the Workplace, #ALLU2025, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6) . *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

In this mat­ter, CCI Call Centres (Pty) Ltd v Pinn (DA7/2024) [2025] ZALAC 24; [2025] 8 BLLR 781 (LAC); (2025) 46 ILJ 2083 (LAC) (17 April 2025) , the employee was employed as a man­age­ment account­ant respons­ible for gen­er­at­ing pay­ment codes to enable salary pay­ments. In Janu­ary 2019, after express­ing dis­sat­is­fac­tion with not receiv­ing a salary increase and a bonus, he refused to cre­ate the codes. His refusal, made in an email that was copied to senior col­leagues, included per­sonal attacks on the Chief Fin­an­cial Officer. This con­duct led to a break­down in their work­ing rela­tion­ship. Fol­low­ing a dis­cip­lin­ary hear­ing, the employee was dis­missed for gross insub­or­din­a­tion, gross insolence and inap­pro­pri­ate work­place con­duct. He referred the mat­ter to arbit­ra­tion. The Arbit­rator found the employee guilty of gross insub­or­din­a­tion and inap­pro­pri­ate con­duct, not­ing that his refusal to pre­pare payroll codes could have pre­ven­ted thou­sands of employ­ees from being paid on time. Although the mis­con­duct was ser­i­ous, the Arbit­rator held that dis­missal was too harsh, espe­cially given the uncer­tainty around his job descrip­tion. However, rein­state­ment was deemed imprac­tical due to the break­down of trust between the employee and the Chief Fin­an­cial Officer. Instead, the employee was awar­ded com­pens­a­tion equi­val­ent to one month’s salary. The employee chal­lenged the Arbit­rator’s award, arguing that he should have been rein­stated with full back pay or, altern­at­ively, received up to 12 months’ com­pens­a­tion. The Labour Court agreed, find­ing that the Arbit­rator had erred by not rein­stat­ing him. It sub­sti­tuted the award with an order of ret­ro­spect­ive rein­state­ment, reas­on­ing that there was insuf­fi­cient proof of an irre­triev­able break­down in the employ­ment rela­tion­ship. The employer appealed to the Labour Appeal Court. The LAC held that the Labour Court had mis­ap­plied the law by effect­ively re-hear­ing the case instead of apply­ing the cor­rect test for review: whether the Arbit­rator’s decision was one that a reas­on­able decision-maker could have made. The Court emphas­ised that the Arbit­rator had care­fully weighed the employee’s ser­i­ous mis­con­duct against the fair­ness of dis­missal, con­clud­ing that rein­state­ment was unten­able due to the col­lapse of the trust rela­tion­ship. The LAC cri­ti­cised the Labour Court for dis­reg­ard­ing sub­stan­tial evid­ence of the employee’s insub­or­din­a­tion and dis­respect, which struck at the core of the employ­ment rela­tion­ship. The LAC upheld the appeal, set­ting aside the Labour Court’s order of rein­state­ment. The Arbit­rator’s ori­ginal award of one month’s com­pens­a­tion was con­firmed. Each party was ordered to bear its own legal costs. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events  and Qualifications ,   like Landmark Judgment: Equal Parental Leave for All Parents ,  Managing Absenteeism in the Workplace, #ALLU2025, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

Enterprise Development (ED) is meant to be a catalyst fuelling the growth of black-owned businesses, unlocking supply chain inclusion, and driving real economic change. But too often, ED gets buried in paperwork, delayed follow-ups, and vague impact statements. It’s time to shift gears. AI isn’t just a tool it’s your transformation accelerator. The Challenge with Traditional ED Tracking Beneficiary vetting is manual and inconsistent. Progress reports are anecdotal or delayed. Impact is hard to quantify. Audit prep becomes a last-minute scramble. AI helps you move from reactive compliance to proactive empowerment. 5 Ways AI Elevates Your Enterprise Development Strategy Smart Beneficiary Profiling: AI can analyse business registration data, ownership structures, and sector alignment to ensure beneficiaries meet ED criteria reducing risk and improving targeting. Automated Milestone Tracking Machine learning models can monitor beneficiary progress against development plans, flagging delays and surfacing success stories in real time. Impact Forecasting & ROI Modelling AI can simulate long-term impact predicting job creation, revenue growth, and supply chain readiness based on historical data and sector trends. Document Intelligence AI tools can extract, verify, and organise compliance documents from beneficiaries ensuring audit readiness without the admin overload. Transformation Dashboards Visualise your ED portfolio: see which initiatives are thriving, which need support, and how your spend translates into measurable empowerment. What This Means for Audit Readiness Instead of chasing affidavits and progress reports, AI helps you build a living record of development. Auditors get clarity. Stakeholders get confidence. And your team gets time back to focus on strategic enablement. Beyond Compliance: Building Supplier Ecosystems Enterprise Development isn’t just about spend it’s about scale. It’s about helping small businesses become sustainable suppliers, employers, and contributors to the economy. AI doesn’t replace the human relationships at the heart of ED it strengthens them. By using smart tools to track, support, and amplify, we move from transactional compliance to transformational growth. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events  and Qualifications ,   like Landmark Judgment: Equal Parental Leave for All Parents ,  Managing Absenteeism in the Workplace, #ALLU2025, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

Overview The Van Wyk judgment has surfaced a spectrum of legal and operational complexities for employers, including the critical question of whether to sustain paid parental leave benefits amid the shifting statutory landscape. This evolving jurisprudential environment necessitates that employers undertake a rigorous, considered review and recalibration of their parental leave policies. By conscientiously balancing statutory compliance obligations, business continuity imperatives, and the welfare of employees, organisations should endeavour to establish parental leave benefits frameworks that are simultaneously equitable, supportive, and operationally sustainable. Introduction The Constitutional Court’s judgment in Van Wyk and Others v Minister of Employment and Labour has ushered in a landmark transformation of the statutory parental leave regime under the Basic Conditions of Employment Act (BCEA), while significantly impacting corresponding benefits under the Unemployment Insurance Act (UIA).   In this ruling, the Court declared specific provisions of the BCEA and UIA constitutionally invalid, identifying entrenched discriminatory treatment predicated on gender and parental status, particularly concerning disparate leave durations and benefit entitlements. Must be deemed a party to the parental relationship under the Children’s Act To afford Parliament adequate time to rectify the statutory framework, the Court suspended the declaration of invalidity for a period of 36 months, while simultaneously mandating interim amendments to the BCEA effective 3 October 2025.   This decision presents immediate and profound challenges for employers, spanning legal compliance mandates  and operational execution As the regulatory landscape rapidly evolves, organisations are compelled to undertake a strategic risk assessments and reassessment of their parental leave policies. A detailed analysis of the ruling can be found on our publications and guidelines provided on the Van Wyk and parental leave series.   Updated Leave Provisions Post-Ruling  The Court’s interim orders significantly revise parental leave entitlements under the BCEA, effectively consolidating maternity, parental, adoption, and commissioning parental leave into a singular parental leave category during the transitional period. Diagram 1:   Understanding the Van Wyk Constitutional Court Judgment – A Landmark Case for Parental Leave EqualitySource: Parental Leave Equality Workshop, presented by John Botha While the judgment advances shared caregiving responsibilities, acknowledging fathers, adoptive parents, and commissioning parents alike, including in same-sex relationships, it also precipitates operational and financial complexities for employers. Notably, organisations may need to curtail previously more generous paid benefits, primarily extended to birth mothers, to align with the interim provisions and avoid claims of discrimination.   Financial and Operational Considerations Historically, many employers, particularly larger enterprises, have voluntarily afforded paid maternity benefits as a talent attraction and retention strategy, supplementing the comparatively modest UIF provisions.   Post-2020 BCEA amendments introduced statutory parental, adoption, and commissioning leave categories, with some employers extending paid provisions accordingly often at shorter durations than maternity leave. The ruling mandates equalisation of benefits across all parents to prevent discrimination claims which inevitably could substantially increase costs, as non-birth parents, such as fathers may claim leave multiple times annually or over extended careers, unlike biological limitations for mothers.   Extended absences from paid leave could further strain operational efficiency and productivity. UIF benefits remain unchanged in the interim, capped at modest levels and durations (e.g., 10 days for fathers), despite broader leave entitlements. This mismatch may prompt employers to reconsider paid benefits entirely as an initial cost-control measures, resulting in scaling back paid leave as an immediate reaction is a common response. There are strategic alternatives that may preserve certain benefits without excessive financial strain.   Strategies for Designing Paid Parental Benefits Employers should begin by assessing whether there are objectively defensible grounds for differentiating paid parental benefits by gender or parental status, having regard to the nature of their industry, workforce composition, and operational requirements. Such distinctions must be lawfully justifiable to withstand potential discrimination challenges.   Where employers currently offer paid maternity or parental leave, potential approaches may include: Ring-fencing existing employees , while amending the maternity or parental leave policy to limit or remove paid benefits for future employees. Undertaking consultation in terms of section 189 or 189A   of the Labour Relations Act, where the removal or material alteration of paid benefits constitutes a change to terms and conditions of employment. Implementing a capped benefit structure , by calculating an average annual maternity payment based on the preceding two to three years and applying this as a maximum allocation. Benefits could then be administered on a first-come, first-served  basis each year, with any additional leave taken as unpaid once available funds are exhausted. *** Further strategic insights and practical solutions will be shared during our upcoming ALLU and Parental Leave webinars.   While these strategies may limit access to paid benefits, they do not relieve employers of their obligation to provide statutory unpaid parental or maternity leave. Properly managed, certain measures may assist in mitigating productivity disruptions by discouraging unnecessary or extended absences where portions of leave are unpaid.   Final Thoughts The Van Wyk ruling introduces significant practical hurdles for employers, more so for employers that have established enhanced leave benefits. In this changing legal context, a proactive review of policies is essential.   Organisations can achieve sustainable outcomes by harmonising regulatory requirements, business priorities, and employee support, ultimately fostering parental leave systems that are inclusive, and economically feasible.   For customised risk assessments , policy formulation and compliance assurance in the evolving parental leave landscape, please contact our specialist team at Global Business Solutions. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events ,   like Landmark Judgment: Equal Parental Leave for All Parents , Managing Absenteeism in the Workplace, and #ALLU2025. *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

In the mat­ter of Ndzeru v Trans­net National Ports Author­ity and Oth­ers (C369/2020) [2023] ZALCCT 11; [2023] 6 BLLR 565 (LC); (2023) 44 ILJ 1307 (LC) (16 March 2023) the employee, a former Mar­ine Shore Hand employed by Trans­net National Ports Author­ity (TNPA), chal­lenged his dis­missal on the grounds of inca­pa­city. The employee had been employed by TNPA since Octo­ber 2011. In May 2019, he went absent from work without proper approval and, soon after, became involved in an attemp­ted hijack­ing incid­ent in Limpopo. Dur­ing this incid­ent, he shot two men with his per­sonal fire­arm, was arres­ted, and remained in cus­tody after bail was twice refused. TNPA only dis­covered his cir­cum­stances after mak­ing enquir­ies. When the employee failed to return by mid-july 2019, TNPA sched­uled an inca­pa­city hear­ing for 30 July, deliv­er­ing notice to his spouse. The hear­ing went ahead in his absence, but his union rep­res­ent­at­ive atten­ded on his behalf. He was dis­missed for inca­pa­city, hav­ing been unable to per­form his duties for more than seven weeks. Soon after, the employee wrote a let­ter stat­ing he would not con­test the dis­missal and author­ised the release of his pen­sion bene­fits. He later claimed he only signed the let­ter to access his funds after two months without pay, and that he had been misled by his man­ager into doing so. Upon release on bail in August 2019, he began con­tact­ing his union and TNPA man­age­ment about rein­state­ment. However, it was only in Octo­ber that he form­ally raised objec­tions to his dis­missal, cit­ing alleged incon­sist­ent treat­ment of other employ­ees. The dis­pute was referred to the Trans­net Bar­gain­ing Coun­cil. The Arbit­rator found that the dis­missal was both sub­stant­ively and pro­ced­ur­ally fair. He said: The employee’s absence cre­ated oper­a­tional pres­sures in a busy har­bour; At the time of dis­missal, he had already been refused bail twice and there was no clar­ity on when he might return; and The employee had him­self con­sen­ted to the dis­missal to exped­ite pen­sion pay­ments. Com­par­is­ons to other employ­ees were rejec­ted, as those cases involved much shorter absences or dif­fer­ent cir­cum­stances. The employee sought to review the award, arguing pro­ced­ural unfair­ness and incon­sist­ent treat­ment. He also claimed TNPA should have given him a post-dis­missal hear­ing once he was out on bail. The Court dis­missed the review, hold­ing that arbit­rat­ors can only be faul­ted on evid­ence placed before them. The judge emphas­ised that there is no auto­matic right to a postdis­missal hear­ing in inca­pa­city cases arising from incar­cer­a­tion, whether such a hear­ing is fair depends on the facts of each case. The Court accep­ted the employee was rep­res­en­ted by his union dur­ing the hear­ing and that he later had the oppor­tun­ity to refer his dis­missal to the bar­gain­ing coun­cil, which he did. His dis­missal was there­fore upheld as fair. No order was made as to costs. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events ,   like Landmark Judgment: Equal Parental Leave for All Parents ,  Managing Absenteeism in the Workplace, and #ALLU2025. *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

Verbal outbursts at work often feel impulsive—an emotional reaction that happens before rational thought takes over. In employment law, however, emotional loss of control is seldom an excuse for misconduct. This tension between human psychology and legal accountability is vividly seen in disciplinary cases where employees swear at senior managers.   Key Legal Principles Gross Misconduct: Using aggressive or profane language toward senior management is considered gross misconduct. When directed at an executive or CEO, the conduct reflects a breakdown in trust and may fairly result in dismissal. Challenge to Authority: Insults to top leadership are viewed as acts of insubordination and a direct challenge to the employer’s authority. Such actions undermine organisational discipline and cannot easily be tolerated. Procedural Fairness: Even in cases involving heated emotional exchanges, employers must still follow fair procedures—investigating allegations, providing a hearing, and testing evidence objectively. Burden of Proof: The employer must prove the words were spoken, the act was intentional, and contextual factors justified the sanction of dismissal. Mitigating Factors: While personal stress, provocation, or remorse can be considered, substantiated verbal abuse generally outweighs these in determining sanction fairness.   Case Summary (Jenecker v SA Medical and Education Foundation NPC and Others (C611/2022) [2025] ZALCCT 104 (17 October 2025)) Aspect Facts Outcome Lesson Incident Employee allegedly shouted “screw you” at the CEO during a confrontation about lateness. Dismissal for gross misconduct upheld. Verbal abuse toward senior management undermines authority and disrupts workplace order. Defence Employee denied the statement, citing Christian beliefs; family members testified in support. Court preferred employer’s witnesses and upheld dismissal. Personal values do not override credible, consistent evidence. Legal Process Disciplinary hearing, CCMA arbitration, and Labour Court review. All upheld the fairness of the dismissal. Fair procedure and consistent testimony safeguard employers from unfair dismissal findings. Judicial Commentary Repeated disrespect to the CEO was described as a “serious challenge to authority”. Dismissal deemed lawful and proportionate. Respect is central to workplace discipline and employment law.   The Amygdala Hijack Explained The term “amygdala hijack,” coined by psychologist Daniel Goleman, describes a sudden emotional response triggered by perceived threat or provocation. The amygdala, the brain’s emotional centre, overrides the rational prefrontal cortex, leading to impulsive fight-or-flight reactions such as shouting, swearing, or aggression. In the workplace, an amygdala hijack might occur when an employee feels unfairly accused or humiliated, particularly by someone in authority. The emotional surge bypasses reasoning, and angry words are spoken before the employee realises the potential consequences. However, from a legal perspective, this psychological explanation does not excuse misconduct. Labour courts acknowledge human emotion but evaluate whether the conduct undermined workplace authority, affected trust, or breached rules known to employees. Emotional distress may mitigate sanction only if the response was brief, provoked, and followed by genuine remorse.   Integrating Psychology and Legal Accountability The amygdala hijack helps explain  why  employees sometimes lose control, but it does not excuse  what  they do. Legal systems require accountability: employees are expected to regulate emotional responses, especially in hierarchical contexts. Employers, in turn, can benefit from understanding these triggers to improve conflict management and leadership communication. Training supervisors on emotional intelligence reduces the likelihood of confrontational incidents escalating to dismissals.   Practical Takeaways For employees: Pause before reacting. A momentary restraint can prevent career-ending consequences. For employers: Maintain procedural fairness but remain firm when authority is intentionally undermined. For leaders: Cultivating emotional intelligence can prevent amygdala hijack moments—both your own and your employees’. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events ,   like Landmark Judgment: Equal Parental Leave for All Parents ,  Managing Absenteeism in the Workplace, and #ALLU2025. *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

Why absenteeism and sick-leave misuse deserve strategic attention Excessive absenteeism and the misuse of sick-leave entitlements are two of the most persistent HR and labour-relations challenges facing South African employers today. Left unmanaged, they undermine productivity, inflate labour costs, erode morale, and expose organisations to legal and compliance risk. Beyond the headline numbers, the real cost emerges in diminished team output, overtime burdens, reputational risk and the administrative burden of investigations, hearings and return-to-work protocols. What drives absenteeism and leave abuse — and how to spot the patterns Organisations that are effective at controlling absence don’t rely on intuition—they use patterns and data. Some typical root causes and indicators include: Frequent use of sick-leave after weekends or public holidays (the so-called “Monday sickie” or “Friday pick-up”) Multiple short-term absences rather than longer medically certified leave Non-compliance with return-to-work interviews, medical certificate verification or monitoring procedures Lack of accurate, consistent recording of leave, overtime, substitution, and unplanned absences Absence management policies that exist on paper but are rarely applied with rigour Recognising these signs allows HR and IR teams to move from reactive firefighting to proactive management. Legal context and employer obligations In South Africa, the nexus of the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) underpins employer rights and responsibilities around leave, sick-leave, incapacity and misconduct. For example: Employers must differentiate between authorised vs. unauthorised absence and voluntary vs. involuntary absenteeism. The validity of medical certificates, especially those issued by different kinds of practitioners, is increasingly under scrutiny. Return-to-work interviews, incapacity vs. misconduct procedures and consistent disciplinary frameworks all play a part in legally robust absence management. Employers who adopt laissez-faire approaches risk unfair-dismissal claims, internal chaos and financial loss. Turning policy into practice: Effective absence management frameworks Strong absence management doesn’t mean draconian control—it means consistent, fair, legally-sound procedures that promote accountability and transparency. Key elements include: A clear policy  on absenteeism and sick-leave abuse: definitions, thresholds, disciplinary steps and return-to-work procedures Reliable data monitoring : track incidence, duration, patterns, costs and departmental impacts Management training : equip line managers to hold return-to-work interviews, flag patterns, apply policy and engage employees constructively Medical certificate verification and process : clarity on what constitutes valid documentation, when referral to occupational health is required, and how to handle exhausted sick-leave situations Communication and employee buy-in : employees should understand expectations and consequences—organisations that ignore the “human” side often undermine their own procedures Early visibility and deterrence: the cost-saving opportunity When absenteeism is treated as a strategic challenge rather than an ad-hoc problem, employers report significant gains: better forecasting of staffing needs, fewer sudden shifts in workforce load, reduced overtime and contractor costs, improved morale and less time spent on disciplinary processes. The upfront investment in training and policy often pays for itself many times over in cost avoidance. A practical next step (optional) If your team wants a structured, up-to-date exploration of absenteeism and sick-leave abuse—through policy, procedure, practical tools and case law—a virtual workshop on “Managing Absenteeism & Sick-Leave Abuse” is scheduled for early December 2025. This short, focused session covers the legal foundations, pattern-analysis techniques, management frameworks and practical forms you can adopt straight away. For more details and registration, you can view the event page here: Managing Absenteeism & Sick-Leave Abuse – December . Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events ,   like Landmark Judgment: Equal Parental Leave for All Parents ,  Managing Absenteeism in the Workplace, and #ALLU2025. *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

In the mat­ter of Gauteng Depart­ment of Edu­ca­tion v Gen­eral Pub­lic Ser­vice Sec­toral Bar­gain­ing Coun­cil and Oth­ers (JA141/2022) [2025] ZALAC 2; [2025] 5 BLLR 435 (LAC) (22 Janu­ary 2025) the Labour Appeal Court (LAC) upheld the Gauteng Depart­ment of Edu­ca­tion’s (the employer) dis­missal of four employ­ees who were accused of involve­ment in a ghost employee scheme that cost the depart­ment nearly R2 mil­lion. The employ­ees, based in Krugersdorp, were charged with mis­con­duct relat­ing to the appoint­ment and pay­ment of fic­ti­tious edu­cat­ors between Janu­ary 2014 and Novem­ber 2015. The fraud­u­lent appoint­ments, which included four ghost employ­ees, were pro­cessed through the gov­ern­ment’s Persal payroll sys­tem. The evid­ence showed that the employ­ees’ user­names and pass­words were repeatedly used over a two-year period to author­ise the trans­ac­tions. Although the pay­ments were made into accounts con­trolled by a per­son­nel officer, who was later crim­in­ally con­victed, the employer alleged that the employ­ees had shared their login cre­den­tials with him and par­ti­cip­ated in the scheme. The employ­ees denied this, claim­ing they did not know how the per­son­nel officer obtained their reg­u­larly updated pass­words. At arbit­ra­tion, the dis­missals were found to be sub­stant­ively unfair. The Arbit­rator reasoned that the employer had failed to prove “actual theft” by the employ­ees and con­cluded that the case against them was based on pre­sump­tions. The employ­ees were ret­ro­spect­ively rein­stated with back­pay. The employer’s attempt to over­turn this award in the Labour Court was unsuc­cess­ful. The Court agreed with the Arbit­rator that there was no evid­ence dir­ectly link­ing the employ­ees to the fraud. It also noted that the employ­ees them­selves had invest­ig­ated the per­son­nel officer, who resigned and was later pro­sec­uted. Costs were awar­ded against the employer, with the Court cri­ti­cising its pur­suit of what it called a “hope­less review applic­a­tion”. On fur­ther appeal, the Labour Appeal Court found that both the Arbit­rator and the Labour Court had mis­dir­ec­ted them­selves by focus­ing too nar­rowly on the charge sheet and by fail­ing to assess the prob­ab­il­it­ies prop­erly. The Court high­lighted that the employ­ees changed their pass­words monthly, yet the per­son­nel officer repeatedly accessed their cre­den­tials over almost two years. Their inab­il­ity to explain how this occurred weighed heav­ily against them. The LAC ruled that it was reas­on­able to con­clude the employ­ees were involved, whether by shar­ing their cre­den­tials or fail­ing to safe­guard them. It stressed that the 2013 policy made employ­ees respons­ible for all activ­ity under their user IDS. The Arbit­rator’s find­ing was there­fore unreas­on­able, and the Labour Court erred in uphold­ing it. The LAC rein­stated the appeal, set aside the Labour Court’s orders, and sub­sti­tuted them with a rul­ing that the dis­missals were both pro­ced­ur­ally and sub­stant­ively fair. No costs order was made. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events ,   like Landmark Judgment: Equal Parental Leave for All Parents ,  Employment Equity Reporting, Managing Absenteeism in the Workplace, and #ALLU2025. *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

Preferential Procurement is no longer just a tick-box exercise it’s a strategic lever for transformation, risk management, and competitive edge. But let’s be honest: tracking supplier compliance, ownership credentials, and spend alignment across hundreds of vendors can feel like chasing shadows. Enter AI. Not just as a data cruncher, but as a game-changer. The Problem with Manual Procurement Tracking Supplier affidavits expire. B-BBEE certificates go missing. Ownership structures change. Spend data gets siloed. And when audit season hits, the scramble begins. AI helps you skip the scramble and build a proactive, auditable procurement ecosystem. 5 Ways AI Supercharges Preferential Procurement Live Supplier Verification AI can scan and validate B-BBEE certificates, ownership status, and industry codes in real time flagging expired or non-compliant vendors before they impact your scorecard. Smart Spend Classification Machine learning models can auto-classify spend by supplier category (EME, QSE, black-owned, etc.), reducing manual errors and improving scorecard accuracy. Risk Alerts & Predictive Gaps AI can forecast potential shortfalls in procurement targets alerting you early to reallocate spend or onboard new suppliers. Automated Supplier Onboarding AI-driven workflows can streamline onboarding, ensuring all compliance documents are captured, verified, and stored correctly from day one. Impact Visualisation Dashboards powered by AI can show not just spend but transformation. See how your procurement choices uplift designated groups, support black-owned businesses, and drive inclusive growth. What This Means for Audit Readiness Instead of retrofitting data to meet targets, AI helps you build a living, breathing procurement strategy. Auditors get transparency. Executives get insights. And your team gets time back to focus on supplier development and strategic sourcing. Beyond Compliance: Building Economic Equity Preferential Procurement isn’t just about points it’s about power. The power to shift supply chains, open doors, and build a more inclusive economy. AI doesn’t replace human judgment it enhances it. By using smart tools to track, predict, and optimise, we move from reactive compliance to intentional transformation. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register Now ! View our upcoming events: Upcoming Events ,   like Landmark Judgment: Equal Parental Leave for All Parents ,  Employment Equity Reporting, Managing Absenteeism in the Workplace, and #ALLU2025. *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"