What to Do About Incapacity or Ill Health of an Employee
What happens when one of those valuable employees develops chronic ill health due to age or circumstances?
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Employee
POPIA, Employees And Employment Contracts
Employers will inevitably collect or already have personal information about their employees on file or stored electronically. With the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”) now in force, such employee information must be protected in their workplace just as it should be protected by other bodies who possess their personal information.
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Getting The Boot For Your Loot: Can An Employee Be Dismissed For Taking Part In Violence Or Looting?
An employee’s conduct outside of their workplace and ordinary work hours is not subject to the control or authority of their employer. Ordinarily, facing disciplinary proceedings for one’s after-hours actions would not be considered “substantively fair”. Even arrest or criminal activity by an employee does not give an employer the automatic right of dismissal. The purpose of this Act is, among other things, “to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful …” and creates mechanisms and procedures for determining and prosecuting the criminalised activities enumerated therein.
UIF Contribution Ceiling Increase And Pension Fund Withdrawal Increase
Recently, changes have been made to the regulations regarding the capped amounts of contributions to be made to the UIF on the one hand and withdrawals from retirement funds on the other hand.
The purpose of this Act is, among other things, “to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful …” and creates mechanisms and procedures for determining and prosecuting the criminalised activities enumerated therein.
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The Cybercrimes Act: Eyes And Ears Are Everywhere
With the Cybercrimes Act of 2020 (the “Act”) recently being signed into law by President Cyril Ramaphosa, South Africa now stands on par with similar global legislation dealing with cyber and electronic communications offences.
The purpose of this Act is, among other things, “to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful …” and creates mechanisms and procedures for determining and prosecuting the criminalised activities enumerated therein.
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POPIA Compliance
With the one-year grace period for ensuring compliance with the Protection of Personal Information Act No. 4 of 2013 (POPIA) coming to an end on the 1st July 2021, time is running out to become POPIA compliant.
Prescription Of Debt
Prescription is a legal term that means that the prescribed time period to institute legal proceedings against a debtor has lapsed. It is thus not a rule of law that should be overlooked, as having your claim prescribe means you have run out of time to institute any legal action against a debtor.
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Labour Inspections And Non-Compliance Detections
The Department of Labour conducts workplace inspections through labour inspectors to ascertain an employer’s compliance with labour legislation, the most important legislation being contained in the following Acts:
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Permanent Or Not, All Employees Are Equal Before The Law
The appeal of fixed-term and fixed-purpose contracts is to fill a temporary gap in the workplace without having to hire a full-time employee. Because of the short-term nature of such contracts, many employers misuse them in the erroneous belief that the temporary employee does not have the same rights as full-time staff.
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Changes To The Employee Retirement Age
The age at which an employee may retire is usually stipulated in their employment contract. Factors relating to the employee’s industry and the employer’s policies regulating retirement also play a role.
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