McCarthy Attorneys Inc

Employee

Problems And Solutions For Employee Accommodation

Problems and Solutions for Employee Accommodation

All landowners, including farmers and owners of lifestyle properties, who live outside urban areas, are subject to the Extension of Security of Tenure Act (ESTA). Therefore, all employees, including farm workers and domestics, who reside on these properties, are afforded the protection of ESTA. Thus, those employees who are accommodated on the property may not be evicted from the property without a court order.

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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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