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 »
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 »
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 »
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.
Since the Constitutional Court judgement in 2018 pronouncing it is legal to consume, possess and grow a certain amount of cannabis “in private”, the Cannabis For Private Purposes Bill, once legislated, will help ‘clear the smoke’ of confusion surrounding this controversial practice.
Cannabis In The Workplace Read More »
It often occurs that before disciplinary action being taken against an employee, they will resign with immediate effect in the hopes of circumventing dismissal for misconduct and to avoid a tarnished disciplinary record. What happens if, however, disciplinary action has already taken place and the employee then resigns before the penalty of dismissal is given?
The 2020 Expropriation Bill has been put before Parliament for consideration. If passed, it will replace the current Expropriation Act of 1975, which current Act will be deemed unconstitutional. Of the new Bill, Public Works and Infrastructure Minister Patricia de Lille stated in a media briefing on 11 October 2020: “The Chief State Law Adviser has now certified the Bill as constitutional. This paves the way for
Expropriation Bill Another Step Closer To Becoming A Reality Read More »
A Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work was published for comment on the 20th of August 2020. Four forms of violence and harassment in the workplace are enumerated, namely: sexual violence and harassment; racial, ethnic, or social origin violence and harassment; workplace bullying; and protected disclosures. This code
Developments In Preventing And Eliminating Violence And Harassment In The Workplace Read More »
