This case illustrates the importance of honesty with courts and that while “even a tersely stated defence” may be sufficient, it does not derogate from the fact that our courts do not take dishonesty lightly.
Bona Fides And Affidavits In Summary Judgment Read More »
The process of processing and finalising the claims has been slow despite a twenty-year time-lapse, and many labour tenancy applications have yet to be finalised. As a result, long-standing labour tenant claims have been Gazetted. Section 17 Notices can thus be expected once again, which will need to be responded to as before.
Gazetting Of Long-Standing Labour Tenant Claims Read More »
The prevalence of depression in the workplace was highlighted in the recent case of Legal Aid South Africa v Jansen [2020] JOL 47984 (LAC), wherein the Labour Appeal Court (“LAC”) had to decide on whether the employee’s dismissal was automatically unfair and whether he had been unfairly discriminated against on the basis of him suffering from depression.
Depression & Dismissal – A Recent Decision Read More »
No matter how thorough your estate plan is, choosing the right person to carry out your final wishes is one of the most critical aspects. It can be challenging to pick an organised executor to file paperwork on time who is also diplomatic enough to handle potentially volatile family relationships.
How To Choose An Executor Read More »
A startling statistic is that more than 70% of South Africans don’t have a will. This is very disturbing because when someone dies without a valid will, it’s called dying intestate. This leaves the distribution of their assets and belongings up to a judge and South African law.
Have You Updated Your Will Lately? 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.
