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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.

PODCAST | Labour Court provides much needed correction on no-work no-pay...

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An interview with Jacques van Wyk, Director, Werksmans Attorneys, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing an article penned by Bradley Workman-Davies, Director, Werksmans Attorneys, in the August/September edition of BusinessBrief, apropos an important recent judgement in the Johannesburg High Court which has provided some clarity with regard to no-work no-pay during the lockdown.

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.

Rebuilding and restructuring post lockdown

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With the easing of the nationwide lockdown in response to the COVID-19 pandemic through the Government's 'Risk Adjusted Strategy' (comprising of five lockdown levels), more and more business can lawfully operate again. As a result, employees will be returning to work and employers will be obliged to remunerate them again.

CSR embraces humanity to defeat COVID-19

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Many companies have long engaged in Corporate Social Responsibility (CSR) programmes involving sustainability, ethics and social impact that aim to give back to society. South African business is no different and, now more than ever, CSR is a must have for businesses wanting to protect their brand during the COVID-19 pandemic. Perhaps, the real brand risk currently is for business not to act.

Returning to work: special measures for high risk employees

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On 29 April 2020, the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published regulations in terms of the National Disaster Management Act which regulate the Alert Level 4 conditions during the COVID-19 national disaster.

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