McCarthy Attorneys Inc

Human Resources

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?

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.

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Cybercrimes Act of 2020

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

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.

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PRESCRIPTION OF DEBT

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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