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New Minimum Wage Adjustments in South Africa for 2025

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 ...
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HCSBC Agreement Extension: Impact on Non-Parties in Beauty and Skincare

The recent extension of the Main Collective Agreement within the HCSBC industry is marked a key milestone in the South African labour environment. This agreement, ...
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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 ...
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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 ...
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Beyond Allegations: The Employer’s Duty to Act and The Evidence Required to Dismiss Perpetrators in Sexual Harassment Cases

Sexual harassment cases in the workplace are intricate and sensitive matters, and, as such, employers must ensure that they conduct thorough investigations and gather as ...
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Beyond Defiance: Navigating the Fine Line Between Insolence and Insubordination in the Workplace

Insubordination and Insolence are two common forms of misconduct in the South African workplace. While they may seem similar at first glance, understanding their distinct ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Disputes at the CCMA: Unfair Dismissal 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 ...
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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 ...
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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), ...
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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. ...
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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, ...
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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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