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Dismissal for misrepresentation when applying for a position
Falsely misrepresented credentials during the job application process An employee may be found guilty of misconduct if an employer can prove that the employee falsely misrepresented [...]
Acceleration clause – Contra Bonos Mores?
An acceleration clause When a party to a contract defaults on one of their payments, one of the questions that arises is whether the creditor to [...]
Alcohol abuse in the workplace
Employers are often beset with the challenges of addressing issues of alcohol abuse in the workplace. Challenges of addressing issues of alcohol abuse in the workplace [...]
The requirements for effecting lawful deductions arising out of damages caused by an employee’s negligence
Sections 34(1)(a) and 34(2) of the Basic Conditions of Employment Act of 1997 (“BCEA”) state that an employer can make a deduction from an employee’s remuneration [...]
The importance of the recognition of cultural beliefs in the workplace
Cultural beliefs in the workplace Issue in dispute Can an employee who has a genuine cultural belief that she should attend a training course unrelated [...]
Let the litigation funder beware
Litigation funding agreement A litigation funding agreement is an agreement that provides for a non-party to finance a legal action on behalf of a litigant in [...]
What’s really right? Corporate Social Responsibility as a legal obligation in South Africa
Corporate Social Responsibility Introduction Corporate Social Responsibility is no longer merely a “nice to have” as it finds itself referenced expressly in black and [...]
Employment equity: The importance of regional demographics
Employment Equity Act 55 of 1998 In terms of the Employment Equity Act 55 of 1998 as amended (“EEA“) designated employers must implement an Employment Equity Plan (“EEP”) in order [...]
The legalities of volunteering – understanding your options and obligations
“It’s in your hands to make the world a better place.” – Nelson Mandela 10 Legalities around volunteering Mandela Day has arrived, bringing with it a [...]
Incitement to strike
Inciting employees to commit misconduct When does the conduct of an employee amount to ‘incitement’ justifying disciplinary action? In order to discipline an employee for inciting [...]
How binding is a CCMA settlement agreement?
Written settlement agreement at the CCMA If an employee enters into a written settlement agreement at the Commission for Conciliation, Mediation and Arbitration (“CCMA”) on the [...]
Protection of Personal Information Bill: What should you be asking?
In this Legal Brief we look at some of the questions that you should be asking yourself in light of the provisions of the Protection of Personal [...]
The delinquent director: No tolerance for errant directors
Errant company directors who fail to comply with the obligations set out in the Companies Act, 2008, will now face the prospect of being declared “delinquent” [...]
Legal representation at the CCMA – a constitutional right?
Rule 25(1)(c) of the CCMA At present, the approach adopted by the Commission for Conciliation, Mediation and Arbitration (CCMA) in regard to parties’ rights to legal [...]
