Human Capital

On 12 September 2025, the Labour Court handed down judgment in Nedbank Limited vs Olwage and Others. The court set aside an arbitration award that had found the dismissal of a former employee substantively unfair. The judgment provides critical guidance on how decision-makers should assess harassment allegations. It also clarifies the role of arbitrators. Importantly, it reinforces the need for a victim-centred lens.

South Africa's Constitution stands as a global pioneer. It was the first in the world to prohibit unfair discrimination based on sexual orientation. The Employment Equity Act of 1998 reinforces this protection and makes it illegal to discriminate against LGBTQIA+ individuals in the workplace. Understanding LGBTQIA+ in this context is essential for any employer committed to meaningful inclusion.

In any professional environment, the pursuit of efficiency and productivity often encounters two silent but potent obstacles: bottlenecks and micromanagement. Both issues emerge subtly yet deliver significant damage. They slow progress, frustrate teams and weaken the goals organisations work hard to achieve.

Read our exclusive cover story titled The keeper test - when “good enough” isn’t enough? by Carl Ranger, Head of Training, CEO SA, plus a host of other topical management articles written by professionals, consultants and academics.

Senior appointments demand something different. They require depth, judgment, insight and the ability to read both a candidate and an organisation at a strategic level. Every organisation faces moments that shape the next decade. These moments may include a major acquisition, a bold new strategy or a cultural shift.

Section 187(2)(b) of the Labour Relations Act (LRA) provides that a dismissal may be fair if the employee has reached the normal or agreed retirement age. This means termination based on the employee’s age might not constitute unfair discrimination if the employee has reached retirement age.This distinction is important. It is crucial when considering dismissals that occur after an employee has passed retirement age.

Amid the global race for critical skills, South Africa’s economic growth hinges on its ability to attract and retain top talent. Companies increasingly report challenges in finding these professionals locally, with the added difficulty of sourcing skilled workers with the right combination of work experience and qualifications.

The Constitutional Court’s ruling on parental leave marks a significant and transformative step toward greater workplace equality. For the first time, all parents - regardless of their gender or how they became parents - now share equal entitlement to parental leave.

When you run your work as a business, invoice for your services, and elect to skip the obligations that come with being an employee, you cannot turn around and claim employee protection when the relationship ends. 

Unprotected strikes will often merit dismissal where the employer has not provoked them. However, even where there has been no provocation, such dismissal can be found to be unfair.