Legal

The Labour Relations Act (LRA) allows employees to lodge unfair promotion disputes.

It’s month-end. Your employee gets a notification on their phone that their salary has cleared into their bank account. Jackpot! They’ve received more than what is due to them. Mistakes and human miscalculations can occur easily, leaving employers in a difficult position. How should you address a genuine mistake that has been made resulting in employees receiving payments that they have not earned?

Many employers have placed their hopes of a return to the pre-COVID-19 workplace on the development of a COVID-19 vaccine. South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunised, no one will, at this stage, be legally required to take the vaccine.

The full bench of the Western Cape High court recently delivered judgment (Cloete J dissenting) in a favour of a taxpayer who, according to the Tax Court, was simply abusing process. When studying the judgment of the Tax Court, it is difficult to see how the taxpayer’s approach was anything more than an abuse of process which begs the question: Why was the taxpayer successful on appeal to the full bench of the High Court?

With the commencement date of the Protection of Personal Information Act 4 of 2013 (POPIA) of 1 July 2021 fast approaching, businesses should be reviewing their use of personal information to determine if it complies with the Act. It is important to understand that any business that has employees, customers and suppliers must comply with POPIA when dealing with personal information.

Hollard Namibia’s resistance to paying COVID-19 claims puts vulnerable San community and tourism sector in peril. We have turned our attention to Namibia, where Hollard Namibia is refusing to settle Business Interruption claims, placing the San community, the tourism sector and conservation efforts in acute distress.

There are two customary rules in South African law-making that are adhered to almost to a T: The law must make matters worse, or the law must miss the point. Rarely, if ever, does legislation that comes out of the South African Parliament or the provincial legislatures make things better for citizens and consumers. The new National Small Enterprise Amendment Bill, 2020, is no exception.

I am perplexed as to why it should matter how the meeting between the ANC’s top 6 and former president Jacob Zuma went. They met him, apparently in an attempt to persuade him to comply with a court ruling and appear before the Zondo Commission of Enquiry. And they updated the country as if we should care.

Although the official statistics for South Africa’s divorce rate during COVID-19 are yet be released, globally, the pandemic sent divorce rates soaring by up to 30% or more during 2020. According to DIY Legal, South Africa ranks in 83rd place out of 154 countries for divorce. 

An interview with Ivan Israelstam, Chief Executive, Labour Law Management Consulting, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing whether either party can take a CCMA arbitrator’s conduct on review to the Labour Court if they are able to prove that the arbitrator, in making their award, has materially broken a rule.