Legal

In the coming weeks, South Africans of various faiths will observe significant religious holidays, including Easter. The tension between religious beliefs and workplace demands can cause issues for both employers and employees. These issues arise especially if job requirements are not explicitly and clearly stated in an employment contract.

The Major Hazard Installation (MHI) Regulations were published in January 2023, replacing the 2001 MHI Regulations. We previously published an article outlining key timelines for compliance with the amended MHI Regulations. The MHI Regulations must be read alongside the published Explanatory Note, which provides guidance to duty holders on interpreting the MHI Regulations and ensuring compliance.

For personal information to be processed lawfully and in a reasonable manner that does not infringe the privacy of the data subject, too often responsible parties are relying on consent of the data subject, which is only one of the six lawful justifications contemplated in POPIA.

As Artificial Intelligence (AI) continues to transform almost every aspect of modern life, including legal research, a recent High Court judgment again showed just how perilous blind reliance on AI can be. By citing non-existent case authorities, likely generated by AI, an attorney’s firm landed in hot water, racking up costs and facing a referral to the Legal Practice Council.

On 1 January 2025, the Electricity Regulation Amendment Act 38 of 2024 (ERAA) came into effect. This followed extensive stakeholder engagement and multiple draft iterations. The ERAA aims to bring change to South Africa's electricity sector. It continues the shift from Eskom's vertically integrated monopoly to the Transmission System Operator SOC Limited (TSO).

In a significant move aimed at improving workers' livelihoods across South Africa, the government announced a new minimum wage. This new wage will take effect on 1 March 2025. This change will impact a wide range of industries. Employers must familiarise themselves with the new regulations and ensure compliance.

Wanatu's language policy requirement for proficiency in the Afrikaans language is central to their business model, and has sparked significant debate. Wanatu operates in Centurion and Pretoria. One of Wanatu’s key value propositions, as stated on its website, is “Restoring dignity in our communities' jobs in Afrikaans” (direct translation from the website).

Recently, the Johannesburg High Court dismissed a personal injury case against an institution. The court found no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation.

In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), the National Bargaining Council for the Chemical Industry (NBCCI) considered an unfair dismissal dispute. The dispute concerned an employee who was dismissed for misconduct after testing positive for cannabis in his system.

Can a professional services firm rely on a client’s assurance to avoid notifying its claims-made liability insurer of a claim? This question holds significant importance in claims-made professional liability insurance. The insured must disclose potential claims upon first becoming aware of an error or omission.