A question that has been asked by many employers recently has been whether an employee can be dismissed for refusing to be vaccinated in South Africa?
Covid Injection Or Employment Ejection: Dismissing Unvaccinated Employees Read More »
It is also crucial to note that substantial provisions contained in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (“POPIA”) have been incorporated into PAIA, including the submission of reports to the Information Regulator as may be prescribed. Find out more.
PAIA Manuals – What You Need To Know Read More »
A question that has been circulating since the beginning of the pandemic is whether you can be dismissed for not complying with your workplace COVID-19 policies. In short, the answer is “yes”.
COVID Policies and Dismissal Read More »
What happens when one of those valuable employees develops chronic ill health due to age or circumstances?
What to Do About Incapacity or Ill Health of an Employee Read More »
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.
POPIA, Employees And Employment Contracts Read More »
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.
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.
The Cybercrimes Act: Eyes And Ears Are Everywhere Read More »
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 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.
Prescription Of Debt Read More »
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:
Labour Inspections And Non-Compliance Detections Read More »
