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.
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 »
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.
Permanent Or Not, All Employees Are Equal Before The Law Read More »
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.
Changes To The Employee Retirement Age Read More »
Whilst the National Minimum Wage Act prescribes minimum wages for all workers, the Act also makes provision for an employer or an employers’ organisation, acting on behalf of its members, to apply for an exemption.
National Minimum Wage Exemption Process Read More »
Employees are obliged to respect and obey their employers because lack of respect renders the employment relationship intolerable and disobedience undermines the employer’s authority.
