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Is the court a guardian or a nanny?

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The Broadcasting Electronic Media and Allied Workers' Union (BEMAWU) recently launched an urgent application in the Labour Court interdicting the South African Broadcasting Corporation (SOC) Ltd (SABC) from proceeding with retrenchment processes and forcing the SABC to adhere to fair consultation processes [BEMAWU & Others v SABC & Others, in the Labour Court of South Africa, Johannesburg, Case Number J1199/20]. 

You can’t just resign to avoid disciplinary hearing

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A common occurrence in the employment relationship is for an employee to resign in the face of disciplinary action by an employer, and South African courts have previously accepted that as long as an employee resigns with immediate effect, the employer has no power to compel the former employer to go through any disciplinary process.  

An employer cannot unilaterally change an employee’s retirement age

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An employer cannot unilaterally change an employee’s retirement age. Should the employer do so and terminate the employee’s employment, the dismissal may constitute an automatically unfair dismissal and amount to unfair discrimination.

DMA vs LRA: what is considered an ‘essential service’ in strike...

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The issue is whether an essential service in terms of the Disaster Management Act (DMA) is deemed an essential service for the purposes of the Labour Relations Act (LRA), thus barring employees from engaging in protected strike action.

Freezing of clients’ account prohibited in certain circumstances

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The Financial Intelligence Centre Act, 38 of 2001 (FIC Act), places an obligation on accountable institutions to identify clients, to keep record of transactions, to report various transactions and to take measures to promote compliance with the provisions of the FIC Act. 

Can Zoom be used when conducting retrenchment consultations?

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The issue is whether an employer may utilise Zoom when conducting consultations in a retrenchment exercise. If not, does the continuation of the consultations in such circumstances result in procedural unfairness? The Labour Relations Act 66 of 1995 (LRA) does not regulate how section 189 consultations are to be held (i.e. in person or via video conference).

Additional obligations for designated employers under The Employment Equity Act

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A recent bill submitted to Parliament for consideration would seek to impose potentially stringent new quotas for numerical targets for the employment of persons from designated groups. 

An employee may be dismissed for lodging a false grievance

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An employer may dismiss an employee if he or she has lodged a grievance against another employee which is false. Dismissing an employee for doing so does not amount to an automatically unfair dismissal because the lodging of a grievance is not the same as exercising a right conferred by law.

Massive data breach in SA – did Experian do enough?

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In mid-August 2020, approximately 23.4 million South Africans' personal information was compromised. The data breach was announced by Experian South Africa on 19 August 2020. Correctly, Experian issued a notification to the Information Regulator, but is this enough? Experian stated that 'no consumer credit or consumer financial information was obtained', but what information was then the subject of the breach?

Discovery vs Liberty – When is use of a trade mark...

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Various Discovery companies took Liberty Group Limited to court over Liberty’s use of Discovery’s VITALITY and DISCOVERY registered trademarks in relation to the Liberty Lifestyle Protection Plan.

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