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Mastering Sense-Making: A Crucial Skill for Navigating the VUCA World

Mastering Sense-Making: A Crucial Skill for Navigating the VUCA World

Article by John Botha
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In today's rapidly evolving and complex environment, the ability to make sense of ambiguous situations and conflicting information has become increasingly valuable. This skill, known as "sense-making" or "making sense," is the process of creating understanding and meaning from complex, ambiguous, or uncertain situations. It involves collecting, analysing, and interpreting information to form a coherent picture of reality, enabling individuals to make informed decisions and take appropriate actions.

Navigating Promotions in South Africa: Balancing Management Prerogative and Employee Rights

Navigating Promotions in South Africa: Balancing Management Prerogative and Employee Rights

Article by John Botha
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In the dynamic landscape of South African labour law, the issue of employee promotions occupies a unique space, balancing management prerogative with employee rights. While companies generally have the discretion to determine who climbs the corporate ladder, this process is not without legal constraints. Understanding these boundaries is crucial for both employers and employees to ensure fair practices and maintain a harmonious work environment.

Mandatory PAIA Section 83(4) Reporting for Private Bodies

Mandatory PAIA Section 83(4) Reporting for Private Bodies

Article by John Botha
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Private bodies in South Africa are now required to submit an annual PAIA Section 83(4) report to the Information Regulator, as per the regulator’s recent notice. This report is a statutory obligation under the Promotion of Access to Information Act (PAIA).  The purpose is to provide the Information Regulator with data on requests for access to records held by private bodies.

Employment Contract Generator, Adapting to the New World of Work

Employment Contract Generator, Adapting to the New World of Work

Article by John Botha
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In today's rapidly evolving business landscape, it is crucial for employers to stay up-to-date with the latest legislative amendments, Labour Court judgements, and changes in employment conditions. The advent of new technologies, digitisation, and the profound impact of COVID-19 have reshaped the way we work, necessitating a thorough review and update of employment contracts.

South Africa Poised to Pass Tobacco Products and Electronic Delivery Systems Control Bill Amid High Smoking Rates

South Africa Poised to Pass Tobacco Products and Electronic Delivery Systems Control Bill Amid High Smoking Rates

Article by John Botha
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As the newly elected government settles into office, anti-tobacco groups in South Africa are pushing for the swift passage of the Tobacco Products and Electronic Delivery Systems Control Bill. The proposed legislation aims to address the country's high smoking rates and regulate the rapidly growing vape and e-cigarette markets.

Employers Beware: Non-Compliance with the Employment Equity Act Comes at a Cost

Employers Beware: Non-Compliance with the Employment Equity Act Comes at a Cost

Article by John Botha
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In a landmark case, Director-General, Department of Labour v Win-Cool Industrial Enterprise (Pty) Ltd [2007] 28 ILJ 1774 (LC), the Labour Court shed light on the consequences employers face for failing to comply with the Employment Equity Act (EEA) and their Affirmative Action Plans. The judgment serves as a wake-up call for all employers, emphasizing the importance of taking EEA obligations seriously.

The Art of Cross-Examination in Disciplinary Enquiries

The Art of Cross-Examination in Disciplinary Enquiries

Article by John Botha
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Cross-examination is a crucial aspect of disciplinary enquiries, serving as a powerful tool to uncover the truth and ensure a fair and just outcome. The purpose of cross-examination is to test the credibility of witnesses, elicit relevant information, and clarify any ambiguities or inconsistencies in the evidence presented.

The Importance of an Integrated Inclusive Equality and Anti-Discrimination Policy for Employers

The Importance of an Integrated Inclusive Equality and Anti-Discrimination Policy for Employers

Article by John Botha
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In today's diverse and interconnected workplaces, it is critically important for employers to implement a comprehensive Integrated Inclusive Equality and Anti-Discrimination Policy, or IEAD Policy for short. Such a policy affirms the company's commitment to creating a workplace culture free from discrimination, harassment, hate speech, and any offense that undermines human dignity. Having a clear and well-enforced IEAD policy is not only the right thing to do ethically, but is also essential for optimizing employee performance, mitigating serious legal and reputational risks, and promoting company growth and success.

Mind Full vs Mindful: A Journey Towards Inner Peace

Mind Full vs Mindful: A Journey Towards Inner Peace

Article by Cindy Squair
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I came across this image on LinkedIn last week and it had such a significant impact on me.  2024 has given us a lot to 'fill our minds': thoughts, worries, to-do lists, and countless other fragments of information. This state of being ‘mind full’ can lead to stress, anxiety, and a lack of focus. On the other hand, being ‘mindful’ is a state of active, open attention to the present. It’s about observing your thoughts and feelings without judgment. 

The Paradox of Performance Punishment: When Excellence Becomes a Burden

The Paradox of Performance Punishment: When Excellence Becomes a Burden

Article by John Botha
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In the modern workplace, where meritocracy is often touted as the driving force behind success, a disturbing trend has emerged: the phenomenon of performance punishment. This paradoxical practice occurs when high-performing employees are consistently burdened with additional responsibilities and workload, while underperforming colleagues are left relatively unscathed. The dynamics of performance punishment not only undermine the principles of fairness and equity but also amount to a form of harassment that can have severe consequences for both the individual and the organization.

South Africa's Two-Pot Pension System: Balancing Retirement Security and Financial Flexibility

South Africa's Two-Pot Pension System: Balancing Retirement Security and Financial Flexibility

Article by John Botha
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South Africa is set to introduce a groundbreaking reform in its retirement fund landscape with the implementation of the two-pot pension system, effective from 1 September 2024. President Cyril Ramaphosa has signed the Revenue Laws Amendment Bill into law, paving the way for this innovative approach to retirement savings. The Pension Fund Amendment Bill, which is closely linked to this system, has also cleared Parliament, and awaits the President's signature.

The Electronic Communications and Transactions Act: What Every HR Practitioner Needs to Know

The Electronic Communications and Transactions Act: What Every HR Practitioner Needs to Know

Article by John Botha
HR Latest Articles

In today's fast-paced digital world, HR departments are increasingly moving their processes and records onto electronic platforms. However, this transition comes with a host of legal implications that every HR practitioner must be aware of. The Electronic Communications and Transactions Act, 2002, is a crucial piece of legislation that provides a framework for electronic transactions in South Africa. Let's dive into the key provisions of this Act and explore how it impacts HR practices.