Knowledge Bank
The combined knowledge & expertise from within your shared network. Here is some of our member contributed content:
Articles
Cannabis in the Workplace: Navigating the Complexities of Employee Rights and Workplace Safety
In recent years, the evolving legal landscape surrounding cannabis use in South Africa has presented unique challenges for employers, particularly in balancing employee rights with workplace safety and compliance. The case of Marasi v Petroleum Oil and Gas Corporation...
Cannabis in the Workplace: Navigating the Complexities of Employee Rights and Workplace Safety.
In recent years, the evolving legal landscape surrounding cannabis use in South Africa has presented unique challenges for employers, particularly in balancing employee rights with workplace safety and compliance. The case of Marasi v Petroleum Oil and Gas Corporation...
Temporary Employment Services: Understanding the Real Employment Relationship.
The Labour Court’s decision in Vuyiseka Mzukwa v Commission for Conciliation Mediation and Arbitration and Others brings to light the critical need to assess the true nature of employment relationships. Even if a service provider claims to be independent, factors such...
Unfair Labour Practice: Ensuring Fairness in Promotions.
The case of Department of Higher Education and Training v Commissioner Smiza and Others highlights the delicate balance employers must maintain when exercising discretion in their recruitment and promotion processes. This case, centred on an appeal concerning unfair...
To Bump Or Not to Bump.
The dismissal of employees for operational reasons, commonly known as retrenchment, is covered by s189 of the Labour Relations Act. Section 189(2)(a) “requires the employer and other consulting parties to engage in a meaningful joint consensus-seeking process and...
Know Your Duties and Rights as a Domestic Employer.
In South Africa, the moment you hire a domestic worker, even if it's just once a week, you become a domestic employer with significant legal responsibilities. Many people are unaware of this fact, and some mistakenly believe that employing foreign workers exempts them...
Archives
Language Discrimination: Unable to speak Chinese!
In South Africa, allegations of unfair discrimination tend to have a familiar theme – often an employee having been discriminated against on the basis of being black, female, pregnant, etc. But every now and then a white male claims to have been on the receiving end...
POPIA Prior Authorisation Deadline
The Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) requires a responsible party to apply for and obtain authorisation prior to processing certain identified categories of personal information. With another POPIA compliance deadline fast approaching we have identified some questions to determine whether it is relevant to you.
New Promotion of Access to Information Act (PAIA) Regulations
On 27 August 2021, the Minister of Justice and Correctional Services issued in Government Gazette No. 45057 new regulations (“New PAIA Regulations”). The New PAIA Regulations repeal and replace the existing regulations in their entirety.