Incapacity | Bizcommunity

Incapacity | Bizcommunity

News

Making your mark

Law of Succession

Making your mark

Issued by Capital Legacy 3 days

Image source: master1305 from

Labour Law & Unions

LAC upholds dismissal based on 'unexpressed' allegation: Deep dive into competent verdicts

AmandlakaThixo Magubane 2 Feb 2026

Image source: Ljupco Smokovski –

Employee Wellness

Why employers legally can't ignore the mental distress of employees

Lucinda Hinxman 18 Dec 2025

Image source: marcos calvo mesa –

Labour Law & Unions

Misconduct vs incapacity: Navigating workplace alcoholism

Bradley Workman-Davies, Nasheetah Smith, and Isabella Keeves 17 Oct 2025

Image source: master1305 from

Labour Law

SMEs guide to firing under new Dismissal code

Anastasia Vatalidis and Anna Tchalov 25 Sep 2025

Image source: standret from

Labour Law

Court ruling on polygraph dismissals and misclassified terminations

Riona Kalua 17 Sep 2025

KwaZulu-Natal Judge Jacqueline Henriques will face a Judicial Conduct Tribunal arising from her conduct around a judgment she failed to deliver for years. Illustration: Lisa Nelson / GroundUp

Law Practice

KZN judge faces tribunal over late judgment – after 12 years

Tania Broughton 28 Jul 2025

Image source: Ion Chiosea –

Labour Law

'Debt made me do it': Use of financial distress as defence for misconduct

Leila Moosa and Aadil Patel 18 Jun 2025

Image source: tumsasedgars –

Labour Law & Unions

Why a sick note won't get you out of a disciplinary hearing

Sibusiso Dube 6 Jun 2025

Source: © HelderAlmeida -

Labour Law & Unions

Legal maze of SA retirement ages: What employers need to know

Nicolette van Vuuren and Caitlin Leahy 6 May 2025

Labour Law & Unions

#WorkersDay: Evolution of SA labour laws

Chloë Loubser 5 May 2025

Retired KZN Judge Anton van Zyl will not face impeachment proceedings, but he will face an inquiry which can issue him with a warning or a fine. Illustration: Lisa Nelson / GroundUp

Law Practice

“Startling ruling” lets Judge Anton van Zyl escape impeachment for late judgments

Tania Broughton 5 Mar 2025

Image source: bloomua –

Labour Law

Dismissal codes expanded: What employers need to know

Keshni Naicker and Amandla Makhongwana 30 Jan 2025

Image source: Amy Walters –

Occupational Health & Safety

OHS isn't just physical: Why employee mental health is also your business

18 Dec 2024

Gauteng judge Nomonde Mngqibisa-Thusi has been found guilty of misconduct after failing to deliver dozens of judgments on time. Graphic: Lisa Nelson / GroundUp

Law Practice

Gauteng judge guilty of misconduct, JSC finds

Tania Broughton 28 Aug 2024

The CCMA has dismissed a claim for unfair dismissal by a former Dis-Chem employee with cancer. Archive photo: Ashraf Hendricks/GroundUp

Labour Law & Unions

In sickness and in health: What can workers expect from their employer if they are too sick to work?

Tania Broughton and GroundUp Staff 14 Aug 2024

A Judicial Conduct Tribunal has cleared Gauteng High Court Judge Nomonde Mngqibisa-Thusi of charges of gross misconduct, which could have seen her removed from office. Illustration: Lisa Nelson / GroundUp

Law Practice

Judge Mngqibisa-Thusi cleared of gross misconduct charges

Tania Broughton 18 Jun 2024

Image source: Getty Images

Law Practice

Judges Hlophe and Motata removed from office

7 Mar 2024

Image source: Yan Krukau from

Labour Law

A legal perspective on mental health in the workplace

Jaime-Lee Jacobs and Bukhobethu Matyeni 26 Jan 2024

Chloë Loubser, knowledge and learning lawyer in Bowmans’ Cape Town office Employment and Benefits Practice

Trends

#BizTrends2024: Key legislative developments and their impact on employment

Chloë Loubser 15 Jan 2024

Source: Supplied. Founder of Made To Thrive, Steve Stavs.

Trends

#BizTrends2024: Revolutionising mental performance with human-centric algorithms

Steve Stavs 8 Jan 2024

Source: Archive | Transnet

Logistics & Transport

Govt throws troubled Transnet R47bn lifeline

Nelson Banya 1 Dec 2023

The Constitution states: “Everyone has the right to administrative action that is lawful, reasonable and
procedurally fair.” It also states: “Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court …”. Taking unreasonably long to hand down judgments is a breach of these rights. Illustration: Lisa Nelson | GroundUp

Law Practice

Judge faces possible impeachment for tardy judgments

Tania Broughton 1 Dec 2023

Ending child labour in the agriculture sector: Where risk draws the line

Agriculture

Ending child labour in the agriculture sector: Where risk draws the line

Kate Collier 29 Nov 2023

Source: © 123rf A medical certificate produced by an employee to justify a period of absence constitutes hearsay evidence, which employers are entitled to challenge

Labour Law & Unions

Instances when an employer can query the validity of the medical certificate

Dumisani Ndiweni & Kgololego Pooe 16 Oct 2023

Image source: Pixabay from

Labour Law

Claiming constructive dismissal - take advice from your wingman

Johan Botes 21 Sep 2023

Image source: Marcus Aurelius from

Occupational Health & Safety

Draft regulations for employees returning to work after occupational disease, injury - Part 1

Kate Collier, Kenneth Coster & Mbali Nkosi 26 Jun 2023

Source: © BartPhoto -

Labour Law

Hearsay: The role of medical certificates in court

Jacques van Wyk & Michiel Heyns 14 Apr 2023

Image source: Tara Winstead from

Employment Equity

Embracing neurodiversity in the workplace

Brett Abraham 22 Nov 2022

Source: Supplied. Myrna Sachs, head of AlexForbes Health Management.

Finance

South Africa sees increase in insurance claims by incapacitated employees

6 Oct 2022

Lukas Coetsee, Managing Director of Dekka Consulting

Occupational Health & Safety

Unpacking the Coida Bill and its importance to employers, employees

Lukas Coetsee 3 Oct 2022

Image source: Brad Calkins –

Legislation & Regulation

Educator misconduct: Why legislation needs to be amended now

14 Jun 2022

SA Informal Traders Alliance partners CCMA to upskill sector, promote formalisation

Labour Law & Unions

SA Informal Traders Alliance partners CCMA to upskill sector, promote formalisation

25 Apr 2022

Illustration: Lisa Nelson

Labour Law & Unions

New code on vaccination in the workplace

Tania Broughton 22 Mar 2022

Ethics & Medicolegal

Anti-vaxxer - in legal tussle with Gold Rush Group to keep her job - sets her sights on review

Katja Hamilton 26 Jan 2022

Image source: Artem Podrez from

Labour Law

CCMA deems dismissal for refusing to be vaccinated 'fair'

Daniel van der Merwe 26 Jan 2022

The Constitutional Court has overturned a judgment of the High Court and Supreme Court of Appeal which found that the Road Accident Fund can reject a compensation claim that it is not brought within three years because of a person’s mental incapacity. Archive photo: Ciaran Ryan / GroundUp

Law Practice

Concourt gives man go-ahead to file late road accident claim

Geoffrey Allsop 19 Nov 2021

Source: © Rob Marmion

Mental health

Business sector mental illness crisis looms

Kreshnee Govender 2 Nov 2021

Source: © BartPhoto -

Labour Law

Incapacity and its role in dismissals for misconduct

Nivaani Moodley, Shane Johnson and Jenna Atkinson 6 Oct 2021

Source: ocusfocus –

Labour Law & Unions

How to manage mental health related issues in the workplace

Dhevarsha Ramjettan, Nivaani Moodley, Siya Ngcamu and Shane Johnson 2 Sep 2021

DBE sets record straight on teachers who are not vaccinated

Primary & Secondary Education

DBE sets record straight on teachers who are not vaccinated

29 Jul 2021

Zimbabwe’s President Emmerson Mnangagwa meets his Chinese counterpart President Xi Jinping in Beijing, in 2018. EPA-EFE/Lintao Zhang / POOL

Economy

President Mnangagwa claimed Zimbabwe was open for business. What's gone wrong

Henning Melber & Roger Southall 1 Feb 2021

Are SA employers allowed to implement a compulsory Covid-19 vaccine policy? - Part 1

Management & Leadership

Are SA employers allowed to implement a compulsory Covid-19 vaccine policy? - Part 1

Jason Whyte 15 Jan 2021

Dismissed without an enquiry? When is it legal...

Labour Law

Dismissed without an enquiry? When is it legal...

Bradley Workman-Davies 13 Jan 2021

Dismissal for depression: discrimination vs misconduct

Labour Law

Dismissal for depression: discrimination vs misconduct

Hlengiwe Skosana 16 Nov 2020

Underperformance is valid grounds for dismissal, but fairness is imperative

Labour Law

Underperformance is valid grounds for dismissal, but fairness is imperative

Bradley Workman-Davies 12 Nov 2020

Construction body calls for self-certification to overcome public sector bottlenecks

Property Development

Construction body calls for self-certification to overcome public sector bottlenecks

8 Oct 2020

Free State ordered to pay NPOs R120m in outstanding subsidies

NGO, NPO & Social Enterprise

Free State ordered to pay NPOs R120m in outstanding subsidies

Tania Broughton 26 May 2020