Age Discrimination in the Workplace
South Africa’s labour market is shaped by a diverse and dynamic workforce. While significant strides have been made in addressing racial, gender, and disability discrimination, ageism remains a subtle- READ MORE
New Employment Equity Regulations
The Minister of Employment and Labour, after repealing the Employment Equity Regulations, 2014 in accordance with Section 55(1) of the Employment Equity Act, 1998, has finally announced, through the- READ MORE
Not Drunk, Just Energised – Breathalyser Results Alone May Not Always Be Sufficient to Justify Dismissal
The workplace can be a highly stressful environment. For some, the pressure comes from the general atmosphere; for others, the demands tied to their job requirements can feel overwhelming.- READ MORE
Defamation by Ex-Employees – Key Lessons for Employers
In South Africa’s evolving labour landscape, the line between freedom of expression and reputational harm is becoming increasingly significant - particularly when workplace disputes spill onto social media. Defamation,- READ MORE
Sick Leave and Sincerity: Why Honesty Matters During Sick Leave
In South Africa, sick leave is one of the fundamental employee rights protected by the Basic Conditions of Employment Act (BCEA) 75 of 1997. It allows employees the necessary- READ MORE
Immigration Enforcement: Employer Liability in South Africa
The evolving political landscape surrounding foreign nationals in South Africa has led to notable shifts in how employers are treated by immigration authorities, particularly when it comes to the- READ MORE
Impact of POPI and RICA on Labour Law
Introduction In terms of section 14(d) of the Constitution, everyone has the right to privacy and not to have the privacy of their communications infringed. To this effect, our- READ MORE
Draft Code on Dismissals & Labour Law Amendments – What Employers Need to Know
The Department of Employment and Labour has released a media statement outlining updates on the proposed amendments to the Code of Good Practice on Dismissal and key provisions of- READ MORE
Navigating the Contractual Landscape: Limited Duration Contracts vs Permanent Contracts
South African employers are increasingly recognising the importance of understanding the distinctions between limited duration and permanent employment contracts. A solid grasp of the general application, benefits, drawbacks, and- READ MORE
The Essential Role of an HR Professional in Your Company
An HR professional is responsible for managing and developing employee-related tasks within a company. They serve as a crucial link between employees and the organisation, ensuring that the workplace- READ MORE
Incapacity due to Ill Health – Assessing the Extent of the Employer’s Duty to Accommodate an Employee
Incapacity due to ill health is a sensitive issue in the workplace that requires careful navigation. South African labour laws, especially the Labour Relations Act, provide clear guidelines regarding- READ MORE
The Use of International Doctors’ Notes in the South African Workplace
In today’s globalised world, employees often travel abroad for personal or professional reasons. This raises an important question: What happens when an employee requires medical care or assistance while- READ MORE
Innocent Until Proven Guilty- The Employer’s Dilemma in Managing Employee Arrests
The arrest of an employee presents a complex and sensitive situation for any employer, often leading to unexpected legal and operational challenges. Whether for a minor offence or a- READ MORE
Minimum Wage Increase for Johannesburg Restaurants
The General Secretary of the Bargaining Council for the Restaurant, Catering, and Allied Trades Collective Agreement has recently issued a crucial notice to all stakeholders regarding an upcoming change- READ MORE
Effective Enforcement of Restraint of Trade Agreements in the Labour Relations Sphere
In a competitive business environment, employers often rely on restraint of trade agreements to safeguard their proprietary interests, confidential information, and client relationships. These agreements can play a crucial- READ MORE
Employers Obligations regarding Reinstatement Orders
Introduction: In instances where the CCMA orders the reinstatement of an employee, the question that arises is how long the employer is supposed to keep the employee’s position open- READ MORE
A Harmonious Workplace – Handling Employee Grievances
To most people, the concept of “conflict” has an extremely negative connotation; in fact, people would more often than not prefer to avoid it altogether. Conflict is a normal- READ MORE
Performance Reviews Done Right: A Guide for South African Employers
Introduction Organisations that strategically invest in human resources often experience more rapid organisational growth, making efficient performance management an essential approach. Managers play a vital role in designing and- READ MORE
Section 189 Retrenchments: Balancing Operational Needs with Employee Rights
Retrenchment is regulated by section 189 of the Labour Relations Act 66 of 1995 and any termination due to retrenchment is seen as a no-fault dismissal, what this means- READ MORE
Nedlac Report on the Labour Law Reform Process – An Overview of the Proposed Changes
The long awaited Nedlac Report on the Labour Law Reform Process has now been published, marking a significant milestone in the ongoing discussions between organised business, organised labour, and- READ MORE
Kickstarting Skills Development in the Workplace
In a rapidly evolving global economy, the importance of skills development in the workplace cannot be overstated. In South Africa, where the employment landscape faces unique challenges such as- READ MORE
Workplace Policy Review: Are You Ready for the Year Ahead?
As the new year unfolds, businesses face a fresh set of challenges, opportunities and priorities. Right now is the perfect time to evaluate whether your workplace policies align with- READ MORE
Navigating Relationships in the Workplace
Introduction Employees spend a large portion of their waking hours at work, leading to the development of personal relationships, including romantic ones. While privacy is a constitutional right in- READ MORE
New Minimum Wage Adjustments in South Africa for 2025
South Africa is set to implement a new national minimum wage in 2025, following recommendations by the National Minimum Wage Commission. On 18 December 2024, the Commission published a- READ MORE
Elevate beauty Standards: How the Recent HCSBC Agreement’s Extension Impacts Non-parties in the Hairdressing, Cosmetology, Beauty and Skincare Industries
The recent extension of the Main Collective Agreement within the HCSBC industry marks a key milestone in the South African labour environment. This agreement, which came into effect under- READ MORE
Dismissal for Sleeping Whilst on Duty
In fast-paced work environments across South Africa, the concept of sleeping whilst on duty has become increasingly relevant. From healthcare professionals to security personnel, the pressures of long hours- READ MORE
New Draft Code of Good Practice Published for Public Comment – Key Changes Employers Need to Know:
The recent publication of the Draft Code of Good Practice on Dismissal by the Department of Employment and Labour introduces several significant updates to South African labour practices. Employers,- READ MORE
Beyond Allegations: The Employer’s Duty to Act and The Evidence Required to Dismiss Perpetrators in Sexual Harassment Cases
Employee absenteeism due to illness is a common workplace issue. However, employers’ concerns about employees being dishonest about their sick leave have grown exponentially in recent years, as it- READ MORE
The Role of the CCMA
The Commission for Conciliation, Mediation and Arbitration, more commonly referred to as “the CCMA”, was established in terms of the Labour Relations Act, and is mandated to promote social justice- READ MORE
Dismissal Based on Fraudulent Sick Notes
Employee absenteeism due to illness is a common workplace issue. However, employers’ concerns about employees being dishonest about their sick leave have grown exponentially in recent years, as it- READ MORE
Building a Committed and Thriving Workforce
Managing and retaining a diverse public sector workforce presents a complex challenge that requires a coordinated and comprehensive approach from all stakeholders within public sector organisations. Public sector managers- READ MORE
Rights of Casual Workers in South Africa
It is common practice for employers to make use of casual workers as a means of complementing their current staff base or to ensure that they remain flexible in- READ MORE
Understanding Attempted Assault and Assault: The Crucial Role of Evidence in Outcomes.
Assault or attempted assault are serious issues that plague many working environments in South Africa. Given the serious nature of these matters, it is crucial for employers to ensure- READ MORE
Understanding and Complying with South African Labour Legislation
Employers in South Africa operate within a comprehensive legal structure aimed at safeguarding employee rights and promoting fair labour practices. It is crucial for businesses to understand and adhere- READ MORE
Disputes at the CCMA: Unfair Dismisaal vs Unfair Labour Practice
While the majority of the cases referred to the CCMA concern allegations of unfair dismissal, there are numerous other disputes that can be referred to the CCMA, including that- READ MORE
Do Employers Need Employee Consent to Change Employment Terms?
The terms and conditions of employment described in a contract of employment usually include a myriad of items such as: the type of work expected to be performed by- READ MORE
How Does the Earnings Threshold Impact Employers?
Employees who earn above the earnings threshold, which is determined by the Minister of Employment and Labour under the Basic Conditions of Employment Act (BCEA), do not enjoy the- READ MORE
Effectively Managing Employees through Progressive Discipline
Progressive discipline, which is also sometimes referred to as corrective discipline, is a strategy used to address and to correct employee behavioural or performance issues. Unlike punitive measures which- READ MORE
Power of CCMA Commissioners to Dismiss Matters Due to Lack of Diligent Prosecution
The very purpose of the Commission for Conciliation, Mediation and Arbitration (‘CCMA’) is expeditious resolution in order to equitably serve those most vulnerable within society, to afford those persons- READ MORE
Navigating Retrenchments: Key Lessons on the Viability of ‘Bumping’ from Recent Labour Court Ruling
Employers with multiple operations or businesses are no strangers to the unique economic and operational obstacles of the business landscape in South Africa. Even when employers have exhausted all- READ MORE
How Employers Should Respond to Workplace Theft
Theft in the workplace is a serious form of misconduct that places significant strain on a business's profitability and sustainability. To effectively address this problem, employers need a comprehensive- READ MORE
Provocation as a Justification in the Workplace
Provocation is one of the key defences for charges of assault or fighting on duty in the workplace. In our employment law context, provocation as a defence potentially affects- READ MORE
Terminating Employees for Abscondment
Employee abscondments in the workplace presents a significant challenge for employers, impacting operational efficiency and team morale. This issue not only disrupts business operations but also complicates the process- READ MORE
Written Particulars of Employment and Contracts of Employment
Employers often underestimate the value of reducing the agreements that they have with their employees to writing, as they feel that verbal agreements would often suffice. However, in the- READ MORE
Automatically Unfair Dismissal for a Protected Disclosure – the Case of Railway Safety Regulator v Kekana
The terms “protected disclosures” or “whistleblowing” are not new phenomena to the employment law landscape, but there is often great uncertainty about how protected disclosures are dealt with in- READ MORE
Navigating Workplace Misconduct vs. Negligence: Best Practices for South African Employers
In order to maintain fair labour practices in the South African workplace, procedural and substantive fairness are vital considerations. Procedural fairness highlights the procedure followed by an employer when- READ MORE
The Burden of Evidence on Employers in Disciplinary Inquiries
Section 192(2) of the Labour Relations Act states that the employer is responsible for proof in a disciplinary procedure. This principle aligns with the adage, "they who allege must- READ MORE
Cannabis for Private Purposes Act: What Employers Need to Know
On May 28, 2024, President Ramaphosa signed the Cannabis for Private Purposes Act (CFPPA) into law. This act intends to regulate the cultivation, possession, and personal use of cannabis- READ MORE
Dismissal for an Alleged Fraudulent Medical Certificate
Requiring employees to submit doctor's notes for absence due to illness is a standard practice aimed at validating the legitimacy, or not, of an employee’s sick leave. However, this- READ MORE
Risks for Employers Missing Employment Equity Deadlines
A designated employer could face the risk of fines should they be found non-compliant with the Employment Equity Act 55 provisions of 1998. The Act defines a designated employer- READ MORE

Welcome to Invictus Group

Empowering Businesses Through Expert Industrial Relations & HR Solutions
Your trusted partner for workplace compliance, employee management, and organisational success.

At Invictus Group, we specialise in delivering proactive, customised solutions for Industrial Relations, Human Resource Management, and Workplace Compliance. With decades of experience, our team helps businesses navigate the complexities of employment laws, enhance workplace efficiency, and drive sustainable growth.