McCarthy Attorneys Inc

Month: October 2020

Expropriation Bill Another Step Closer To Becoming A Reality

The 2020 Expropriation Bill has been put before Parliament for consideration. If passed, it will replace the current Expropriation Act of 1975, which current Act will be deemed unconstitutional.  Of the new Bill, Public Works and Infrastructure Minister Patricia de Lille stated in a media briefing on 11 October 2020:  “The Chief State Law Adviser has now certified the Bill as constitutional. This paves the way for …

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Developments In Preventing And Eliminating Violence And Harassment In The Workplace

A Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work was published for comment on the 20th of August 2020. Four forms of violence and harassment in the workplace are enumerated, namely: sexual violence and harassment; racial, ethnic, or social origin violence and harassment; workplace bullying; and protected disclosures. This code …

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Employee Deviation And An Employer’s Vicarious Liability

Vicarious liability is a common-law doctrine whereby an employer is considered liable for the unlawful or delictual acts or omissions of an employee performed during the course and scope of their employment. The employer is held liable even though they did not, per se, engage in the wrongful conduct. The simple reason for this is that employees are the means by which an …

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