McCarthy Attorneys Inc

HR

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.  

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.

LABOUR INSPECTIONS AND NON-COMPLIANCE DETECTIONS

Labour Inspections And Non-Compliance Detections

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:

PERMANENT OR NOT, ALL EMPLOYEES ARE EQUAL BEFORE THE LAW

Permanent Or Not, All Employees Are Equal Before The Law

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.

CHANGES TO EMPLOYEE RETIREMENT AGES

Changes To The Employee Retirement Age

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.