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Be wary of incorporating disciplinary codes...
In the case of Steven Motale v The Citizen 1978 (Pty) Ltd and Others LC (J2819/16)  ZALCJHB 22, the employee, a newspaper editor, was suspended after allegedly...
Sexual harassment: employers beware
In what circumstances an employer may be held liable for sexual harassment committed by one of its employees in terms of the Employment Equity Act 55 of 1998...
The risk of increased sexual harassment in...
International research points to an alarming consequence of spiralling economic conditions: an increase in sexual harassment in the workplace.
Throwing money at the problem
Picture this: one of your valued employees resigns at a time when it will be difficult and expensive to replace her. You offer her a raise to stay with the company,...
SARS gives clarity on PAYE and VAT...
There has been uncertainty regarding the employees’ tax and VAT treatment of fees paid to non-executive directors for some time.
Uncertainty prescribes: Constitutional...
Over the years, employers have been plagued with uncertainty regarding the intersection between the Prescription Act, 68 of 1969 and the Labour Relations Act, 66 of...
Liability of the insurer for the insolvent...
“Whenever any person (hereinafter called the insurer) is obliged to indemnify another person (hereinafter called the insured) in respect of any liability incurred...
Ignore the rights of labour tenants at your...
In 1996, the legislature enacted the Land Reform (Labour Tenants) Act, No 3 of 1996 (Act). The objective of the Act was to protect all persons denied access to land...
Important employment law takeaways for the...
The Constitutional Court (in the matter of Association of Mineworkers and Construction Union (AMCU) and Others v the Chamber of Mines of South Africa and Others1)...
Potential problems raised by the African...
With a greater understanding of the witness protection framework and the role of state cooperation, it is now possible to consider the possible ramifications to be...
At last, the managed service provider (MSP)...
The issueIn a recent arbitration award (the Award) in K Sefole & 102 Others v Bidvest TMS and Nampak Glass, the CCMA Senior Commissioner found that the relationship...
The national minimum wage: a further update
On 8 February 2017, Cyril Ramaphosa, the Deputy President of South Africa, disclosed preliminary details regarding the implementation of a national minimum wage...
Homeowners could be held liable for...
With torrential rain in many parts of South Africa having led to numerous flooding events already, property owners need to be aware that they are potentially exposed...
Boss having an affair with your wife does...
Employers meddling in the private affairs of their employees have been the topic of many a discussion in the past.
At last: Some joy for creditors!
Creditors face daily uphill battles when trying to collect money from debtors. Not only has the National Credit Act, No 34 of 2005 made it more onerous on creditors...
Fixed term employment and procedural...
Issues:Whether the employees’ fixed term contracts had terminated by operation of law having regard to section 196B of the LRA.
Exploiting dishonour among thieves:...
When senior managers steal they typically do it knowing their employer’s systems back to front. They know which accounts can be skimmed and which assets nicked.
The role of applications in the digital...
In a world driven by big data, the Internet of Things (IoT) and Cloud connectivity, applications have become the system we use to record everything, as well as the...
Draft B-BEE thresholds unclear as to what...
Last month, the Department of Trade and Industry published, for public comment, a notice containing draft thresholds for major B-BBEE transactions.
Strong uptick in top level BEE appointments...
Transformation of the top leadership teams in South African companies appears to be back on the agenda, with BEE appointments up by 10% from the year before.
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