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Sunday, April 21, 2019
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Legality of job screening on social media?

On 13 February 2019, the Minister of the Department of Public Services and Administration in South Africa (the Department) released a media statement, causing some unease amongst the general public.

Amendments to the Competition Act may further curtail foreign investment appetite

The South African Competition Amendment Act 18 of 2018 (‘the Amendment Act’) which was tabled in Parliament in July 2018, and signed into law by President Ramaphosa last month, has been the subject of much debate and comment, especially insofar as it aims to implement far-reaching changes to the currentCompetition Act 89 of 1998 (‘the Competition Act’).

The elements of defamation

The Johannesburg High Court discussed the balance between the constitutional right to freedom of expression and the required respect for inherent dignity ‘to all human beings’.

RULING | Asylum seekers to claim unemployment benefits

For many years, asylum seekers attempting to claim benefits from the Unemployment Insurance Fund (UIF) have routinely been turned away by the Department of Labour, despite having made contributions to the Fund during their employment.

Employee suspension – how long is too long?

Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or pending the holding and outcome of a disciplinary hearing. South African labour laws do not require such a suspension to be anything more than 'fair', and there is no minimum or maximum time period within which the investigation must be concluded, or in which the enquiry process finalised. However, since the suspension of an employee can be challenged as an unfair labour practice, the courts and CCMA often have to deal with challenges to an employee having been suspended.

Trade marks – use it or lose it!

It is important that a trade mark is used as non-use could lead to the cancellation of the mark, if it has not been used for 5 years, which is illustrated by the PRIMARK case which has resulted in the removal of the mark from the South African trade marks register.

NHI – Diagnosing employer medical aid contribution changes

There has been a lot of hype around the proposed National Health Insurance Bill, 2018 (NHI Bill) and the numerous implications for South African citizens. Little has been said, however, about how the NHI Bill will impact on the provision of medical aid benefits in the employee context.

ABCs of ABAC compliance

Corruption is a reality throughout the world. For any organisation, the financial and reputational risks that follow incidents of corrupt activity can be quite severe.

Employees’ post at their peril

Social Media represents one of the most significant developments in human communication and has undoubtedly changed the way we interact and share information. Social media has become a prevailing presence in our lives, including the workplace, and therefore poses a significant risk to the reputational integrity of employees and employers.

Mining the value of alternative dispute resolution

International commercial arbitration and international investment treaty arbitration both offer effective and efficient alternative dispute resolution mechanism to assist with Africa mining related disputes and avoid some of the downsides often associated with judicial resolve.
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