Legal

The implementation of the Labour Laws Amendment Act from 1 January 2020 is welcome from an equality perspective, but may have cost implications for mining companies.

The eSignature market is highly regulated with a plethora of choices when it comes to vendor solutions. Organisations are often overwhelmed with a vast range of possibilities when implementing electronic signatures into their business processes, and this often stifles the adoption.

The Constitutional Court delivered judgement in the case of Association of Mine Workers and Construction Union and Others v Royal Bafokeng Platinum Mine Limited and Others. In this matter, the constitutionality of Section 189(1) of the Labour Relations Act (LRA) was debated.

The R7.1million claim that was recently filed against Woolworths, after a customer stumbled and fell over a packing crate, once again brings the growing liability risks faced by South African businesses into focus. Personal injury claims are increasing in severity with each passing year. Looking at our own statistics, the average intimated values for personal injury (slip-and-trip) claims have risen from R172,600 to R270,690 between 2016 and 2018.

POPIA, the Protection of Personal Information Act, is to come into full effect this year, on 1 April 2020.

This year, nearly one in five married South Africans will make the decision to start afresh and get a divorce. As you put your life back together after a relationship split don’t get distracted from updating your Will to reflect your new status. 

Every employer has a right to privacy and as such employees should tread carefully when recording business-related activities, as they could find themselves in breach of confidentiality owed to their employer. While the law provides some leeway for employers to record the conversations and activities of employees, whilst they are engaged in business related activities, and use such recordings against them, as long as it is 'in the interests of justice to do so', employees have a lot less space to manoeuvre when recording the activities of their employers

A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds light on how these parallel sources of the parties rights and obligations operate in conjunction.

The legalisation of marijuana for personal consumption has created a lot of confusion and misunderstanding, particularly when it comes to use of the drug and workplace health and safety regulations. A proliferation of cannabis-related products has come onto the market since this legalisation, from oils to creams, pills and cannabis coffee.

It is a well established and non-negotiable requirement that the employee accused at a disciplinary hearing be allowed to defend himself. This includes challenging the employer’s evidence.