Corporate Restructuring – Avoiding a Knee Jerk Reaction
In a country characterised by high unemployment and an economy which has delivered lower than forecasted growth rates, employers should avoid being tempted to believe that staff reduction will be the solution to their financial woes.
Continue ReadingWorkplace Investigation – The Need For More Effort?
Item 4 of the Code of Good Practice to the Labour Relations Act, 1995, in dealing with fair procedure, provides that “Normally, the employer should conduct an investigation to determine whether there are grounds for dismissal.”
Continue ReadingData Protection
Data protection in South Africa is regulated by the Promotion of Access to Information Act No. 2 of 2000 (“PAIA”); Promotion of Personal Information Act No. 4 of 2013 (“POPI”) and the Electronic Communications Act (“ECT”) No 36 of 2005
Continue ReadingWorkplace Bullying
Workplace bullying has come under the spotlight in recent times, most especially in relation to sexual harassment.
Continue ReadingMaternity leave
Maternity leave entitlement has become a globally debated issue and maternity leave varies from country to country. Some countries insist on the practice of requiring employees to return to work 6 weeks after birth and others allowing up to a year of paid time off.
Continue ReadingPre-suspension hearing, a thing of the past?
In February 2019, the Constitutional Court handed down a judgment wherein it confirmed that an employee is not entitled to a pre-suspension hearing.
Continue ReadingLegal Representation in Disciplinary Hearings
In terms of item 4 of the Code of Good Practice as contained in schedule 8 of the Labour Relations Act 55 of 1996 (“LRA”), an employee at any disciplinary hearing is entitled to be assisted by either a trade union representative or a fellow employee and in most cases employees are denied external legal representatives
Continue ReadingThe Prohibition of Discrimination against Employees Based on Mental Health Disorders
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Continue ReadingUnethical Workplace Conduct
Ethics are at the cornerstone of many professions as well as employment relationships. In this regard, it is a trite legal principle that a relationship of honesty is at the root of every employment relationship.
Continue ReadingDirector Duties and Delinquincy
Authority on directors’ duties may be found in common law and have been partially codified in Section 76 of the Companies Act 71 of 2008.
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