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You can no longer discipline an employee after a resignation!

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Employees often resign with immediate effect when facing disciplinary action. Employers may be unsure whether they can continue with an intended disciplinary action? Unfortunately, the Labour Courts' decisions on this issue have not always been clear or consistent.

Incompatibility as a Ground for Dismissal?

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"An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace" - words by Mokgoatlheng AJ in the case of Jabari v Telkom SA (Pty) Ltd. This case reveals the lesser known of the lawful grounds for dismissal in South African employment law - incompatibility.

PoPI – Impact on Risk and Compliancy

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The Protection of Personal Information (PoPI) Act has been a topic of interest for some time and businesses and the general public alike pondered when it would be in effect, how long it would take to be relevant and who would oversee the process as Information Regulator. The appointment of Pansy Tlakula as South Africa’s Information Regulator in December 2016, however, means that the time for discussion is over and the time for action has come.

New preferential procurement regulations – radical shift in enforcing BBBEE?

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In his State of the Nation Address in 2017, President Jacob Zuma noted the intention of the South African government to influence the behaviour of the private sector and to drive economic transformation.

Protection of Investment Act becomes law and may deter foreign investment

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President Cyril Ramaphosa activated the controversial Investment Act 22 of 2015, by publication of a notice in the Government Gazette, on Friday 13 July.

When can losses on shareholders’ loans be claimed as a tax...

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It is an inevitable consequence when operating in a distress economy, such as we find ourselves in South Africa these days, that shareholders will find themselves disposing of companies for less than they paid for them, whether the companies were formed or purchased by those shareholders.

Asbestos | law and insurance

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Built environment professionals are becoming increasingly aware of their roles and responsibilities set out in terms of legislation. The legal and insurance implications for work done where asbestos is used or was used is far-reaching and requires adequate consideration and attention to detail.

Sick leave and self-isolation – a guide for employers

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With the increasing number of COVID-19 infections, employers must deal with employees who test positive for the virus, those who come into contact with individuals who test positive, and those who present with COVID-19 related symptoms. It is therefore important for employers to understand when sick leave must be used.

Can employers refuse annual leave requests?

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Are employers obliged to grant employees leave over the holiday period where they have exhausted sick leave provisions due to COVID-19 infection or exposure? Employers have dedicated much of the year to implementing adequate health and safety measures in the workplace, including placing employees on paid sick leave at the onset of COVID-19 symptoms or following exposure to the virus.

Use aggravation to counter mitigation

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When an employer fires an employee for dishonesty or gross dereliction of duty it normally intends for the employee to stay fired. However, the Labour Relations Act (LRA) dilutes the employer’s right to dismiss by:

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