Record Keeping and Communication in Managing Incapacity vs Misconduct
Effective employee management relies on two key practices: accurate record keeping and clear communication. These tools are essential for distinguishing between incapacity (the inability to meet performance or health-related- READ MORE
Beyond Automation: The Human-Centric Mandate of HR in the Fourth Industrial Revolution
The Fourth Industrial Revolution (4IR) is not a distant future - it's here, reshaping industries, economies, and societies. In South Africa, this transformation presents both challenges and opportunities. While- READ MORE
Section 73A Claims: How to Recover Unpaid Wages in South Africa
In South Africa, employees are legally entitled to receive payment for the work they do, whether it’s a wage, salary, guaranteed bonus, overtime, or leave pay. These obligations are- READ MORE
Workplace Transformation After Employment Equity Amendments
The amendments to the Employment Equity Act (EEA) have officially come into effect, marking a turning point for workplace transformation in South Africa. For too long, employment equity (EE)- READ MORE
Zep and Lep Validity Extended Until 28 May 2027 – Relief for Employers and Permit Holders
On 7 October 2025, the Minister of Home Affairs issued Immigration Directives No. 20 and 21 of 2025, formally extending the validity of the Zimbabwean Exemption Permits (ZEP) and- READ MORE
Working Without a Written Employment Contract: The Risks for Employers
In South Africa, the foundation of any employer-employee relationship is the employment contract. While informal arrangements, such as oral agreements or implied conduct, can technically establish a working relationship,- READ MORE
Parental Leave South Africa: New Rules After Court Ruling
On 3 October 2025, the Constitutional Court handed down a landmark judgment in Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20, fundamentally reshaping South- READ MORE
From Resignation to Litigation: The Risks of Constructive Dismissal
Employers today are increasingly facing constructive dismissal claims, i.e. cases where employees resign but argue that their working conditions were made so intolerable that resignation became their only viable- READ MORE
Navigating Polygraph Testing in the Workplace
Polygraph tests, commonly known as lie detector tests, measure physiological responses such as heart rate, blood pressure, respiration, and perspiration while a person answers questions. The goal is to- READ MORE
Unpacking the New Code of Good Practice: Dismissal – Incapacity, Incompatibility, and Operational Requirements
As the workplace continues to evolve, so too must the legal framework that governs fair termination of employment. The newly revised Code of Good Practice: Dismissal, published on 4- READ MORE
Timely Disciplinary Hearings in South Africa: Why Prompt Action Matters in Misconduct Cases
Within the South African labour law framework, employers are legally and ethically obligated to act without delay when dealing with allegations of employee misconduct. Timely disciplinary action is not- READ MORE
Unpacking the New Code of Good Practice: Dismissal and Probation
The Code of Good Practice: Dismissal was issued under Schedule 8 of the Labour Relations Act (LRA) and served as a guiding framework for fair dismissal processes that arbitrators- READ MORE
Reinstatement Orders: Essential Guidance for Employers
Disciplinary disputes are an inevitable aspect of managing a modern workforce. When employees challenge disciplinary outcomes, arbitration may result in reinstatement awards. While such orders offer legal clarity, they- READ MORE
Official Publication of the 2025 Code of Good Practice: Dismissal
South Africa’s employment law landscape has officially shifted. On 4 September 2025, the Minister of Employment and Labour published the final Code of Good Practice: Dismissal, repealing the long-standing- READ MORE
Protected Disclosures and Disciplinary Hearings: Lessons from Recent Case Law
Navigating allegations of misconduct in the workplace becomes significantly more complex when an employee claims to have made a protected disclosure. In terms of the governing legislation in South- READ MORE
High Court Dismisses Challenge to Employment Equity Targets – Compliance from 1 September 2025
On 28 August 2025, the Gauteng High Court dismissed an urgent application brought by the National Employers’ Association of South Africa (NEASA) and Sakeliga, which sought to interdict the- READ MORE
Clearing the Air: Navigating South African Laws on Smoking in the Workplace
Smoking in the workplace is a key area of regulation in South Africa, where the country has long been a leader on the African continent in controlling tobacco use- READ MORE
The Inclusion of Tips in Minimum Wage of Waiting Staff
Introduction The Bargaining Council for the Restaurant, Catering and Allied Trades (Johannesburg), through its Main Collective Agreement (“the Agreement”), prescribes the minimum wage for employees in the hospitality industry.- READ MORE
Workplace Dress Codes: What Employers Should Know
In any professional setting, appearance matters. Employees are often the face of an organisation - the first impression clients and visitors receive. That’s why many employers choose to implement- READ MORE
The High Stakes of Commission-Based Misclassification
Commission-based work in South Africa is widespread across industries like sales, insurance, real estate, and hospitality. These roles often reward performance, but also raise an important legal question: Are- READ MORE
Major Salary Transparency Reforms Proposed in South Africa
South Africa may soon see significant shifts in how salaries are determined, advertised, and discussed in the workplace. A new draft law, the Fair Pay Bill, introduced to Parliament- READ MORE
Proposed Bargaining Council Restructure for the Hospitality Sector
A major restructuring is underway in the labour landscape of South Africa’s food service industry. A proposed amalgamated bargaining council aims to consolidate collective bargaining for fast food, restaurant,- READ MORE
Zero Tolerance: When One Safety Breach Justifies Dismissal
Safety breach dismissal is a critical issue in South Africa’s industrial sector, where high-risk environments make safety non-negotiable. Strict adherence to health and safety procedures is more than just- READ MORE
Dismissal for Negligence – An Appropriate Sanction for a First Offence?
Dismissal for negligence in South Africa must be approached within the framework of corrective and progressive discipline, a principle endorsed by South African labour courts. While efforts should generally- READ MORE
Discipline on Trial: Why Cross-Examination Matters
In the realm of South African labour law, procedural fairness is not merely a formality — it is a foundational requirement that upholds the integrity of workplace discipline. A- READ MORE
Probation Reviews vs Performance Reviews: Know the Legal Line
Probation Reviews vs Performance Reviews are often misunderstood in South Africa’s complex labour landscape. Understanding the distinction between a review during an employee’s probation period and a performance review- READ MORE
Combating Harassment in the Workplace
Harassment in the workplace, particularly of a sexual nature, refers to unwelcome conduct—whether verbal, non-verbal, or physical—that violates an individual’s dignity. This form of misconduct creates a hostile or- READ MORE
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
Breathalyser dismissal cases often arise from unexpected workplace scenarios, particularly in high-pressure roles. The workplace can be a stressful environment — for some, it’s the general atmosphere; for others,- READ MORE
Defamation by Ex-Employees – Key Lessons for Employers
Defamation by ex-employees is an increasing concern in South Africa’s evolving labour landscape. The line between freedom of expression and reputational harm is becoming more significant, especially when workplace- 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
Draft Code on Dismissals and Labour Law Amendments has been highlighted in a recent media statement by the Department of Employment and Labour, outlining proposed changes to the Code- 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
The role of an HR professional is essential to managing and developing employee-related tasks within a company. As a crucial link between employees and the organisation, HR professionals ensure- 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 guidance on- READ MORE
The Use of International Doctor Notes in the South African Workplace
International Doctor Notes in the South African Workplace have become increasingly relevant as employees frequently travel abroad for personal or professional reasons. This raises an important question: what happens- READ MORE
Innocent Until Proven Guilty- The Employer’s Dilemma in Managing Employee Arrests
Managing employee arrests is a complex and sensitive challenge for any employer, often accompanied by unexpected legal and operational hurdles. Whether the arrest involves 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
Enforcement of restraint of trade agreements is a critical consideration in today’s competitive business environment, where employers depend on these agreements to protect proprietary interests, confidential information, and client- READ MORE
Employers Obligations regarding Reinstatement Orders
Employer obligations regarding reinstatement orders come into sharp focus when the CCMA rules in favour of an employee. But how long must the employer keep the position open, and- 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
Performance Reviews for South African Employers are a vital component of strategic human resource management, driving organisational growth and talent retention. In today’s fast-changing business environment, managers play a- 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 Labour Law Reform South Africa report has now been published, marking a significant milestone in the ongoing dialogue between organised business, organised labour, and government. Initiated- READ MORE
Kickstarting Skills Development in the Workplace
In a rapidly evolving global economy, skills development in the workplace plays a pivotal role in driving growth and resilience. In South Africa, where the employment landscape is shaped- 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

Welcome to Invictus Group

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

Invictus Group specialises in proactive, customised HR, industrial relations and workplace compliance solutions across South Africa. With decades of experience, we help employers and business owners navigate complex labour laws, reduce risk, improve employee relations, and achieve long-term operational success.