McCarthy Attorneys Inc

2020

Festive season Closures

Festive Season Closures

Please note that our offices will be closed from 23 December 2020 and will re-open on 6 January 2021.

If you need to get hold of us urgently during this period, kindly contact Rob McCarthy on his mobile – 083 274 1232.

Cannabis In The Workplace

Cannabis In The Workplace

Since the Constitutional Court judgement in 2018 pronouncing it is legal to consume, possess and grow a certain amount of cannabis “in private”, the Cannabis For Private Purposes Bill, once legislated, will help ‘clear the smoke’ of confusion surrounding this controversial practice.

Gone Before You’ve Left – Resigning After Being Disciplined, But Before A Sanction Is Given, And An Employee Resigning Without Giving Notice

It often occurs that before disciplinary action being taken against an employee, they will resign with immediate effect in the hopes of circumventing dismissal for misconduct and to avoid a tarnished disciplinary record. What happens if, however, disciplinary action has already taken place and the employee then resigns before the penalty of dismissal is given?

No Work, No Pay … What Do They Say?

With the lockdown restrictions and ensuing novel workplace closures and limitations, one of the most prevalent questions asked by both employers and employees has been whether employees should still be paid if they do not work.

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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What Employers Need To Know About The Draft Employment Equity Amendment Bill

The Minister for Employment and Labour has published a Draft Employment Equity Amendment Bill, which proposes specific targets as far as affirmative action is concerned, and which any entities that do business with the State will have to comply with, failing which they will be unable to do any business with the State.   In addition, …

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Claiming COVID-19 Benefits-UIF

The Unemployment Insurance Fund will compensate affected workers through a new “National Disaster Benefit” and its existing Illness, Reduced Work Time, and Unemployment benefits. The benefits which can be claimed in respect of the UIF by an employee as a result of the COVID-19 outbreak in South Africa include: Reduced Work Time Benefits Illness Benefits …

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Judge Bars Lawyers From Collecting Fees For “Vexatious” Land Claim Case

A 14-year land claim legal battle has ended in a loss for the claimants and an extraordinary court order barring their lawyers from claiming any fees. The claim against 19 landowners in the KwaZulu-Natal Midlands, mainly dairy farmers in the Karkloof area, was first lodged by the Luhlwini Mchunu Community in 2006. Continue Reading If …

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