Ubuntu News
New smoking laws for South Africa are back
After lapsing at the end of the previous administration, the Control of Tobacco Products and Electronic Delivery Systems Bill has been revived by Parliament for further processing. Now sitting in Parliament and on the agenda of the seventh administration, the Bill was first introduced in the National Assembly back in December 2022. According to the…
Read MoreBullying in the workplace – what employees and employers need to know.
Employers must investigate harassment/bullying claims and act decisively if they are serious, striving to maintain a psychologically safe workplace. Inadequate action could result in liability under section 60 of the Employment Equity Act (EEA). This highlighted by the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace which has been…
Read MoreMisconduct in the Workplace
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct. Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for…
Read MoreRetrenchment without a Section 189(3) Notice found to be fair
Section 189(1) of the Labour Relations Act (“LRA”) requires that if an employer contemplates dismissing one or more employees due to operational requirements, they must consult with the relevant parties as outlined in the section. Section 189(3) then requires that the “employer must issue a written notice inviting the other consulting party to consult with…
Read MorePOPIA
The Information Regulator (IR) is set to act against entities that have violated direct marketing provisions, signalling a critical moment for all businesses operating in South Africa. With the imminent enforcement of the Protection of Personal Information Act (POPIA), it is imperative that your organisation ensures compliance to avoid penalties and reputational damage. WEBSITES must…
Read MoreBig changes to parental leave in South Africa
A South African high court has ushered in a new era of parental leave with a landmark ruling that new parents can share four months of parental leave, previously available only to mothers. The case against the Minister of Labour was initiated by Werner and Ika van Wyk as first respondents, and advocacy group Sonke Gender Justice as…
Read MoreTruecaller and POPIA
Truecaller warning in South Africa Truecaller says it does not want to speculate on the personal opinions of specialist regulatory lawyers who say that it was likely violating South Africa’s Protection of Personal Information Act (Popia). “Every individual has an inherent fundamental right to know who is calling them, and we enable our users to…
Read MoreCourt tells Woolworths to reinstate worker after claiming faked sick notes
The court said evidence provided by Woolworths did not meet legal standards as it failed to show the employee knew the doctor was fraudulent A recent judgment by the Labour Appeal Court (LAC) has raised the bar for companies to provide evidence of employees fabricating sick notes to justify their dismissal. The ruling compelled retail…
Read MoreANOTHER SATISFIED CLIENT!
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Read MoreDispute settlement agreement at CCMA rendered restraint of trade annulled
The Labour Appeal Court had to determine whether a settlement agreement concluded at the CCMA, extinguished the rights of the employer in so far as it related to a restraint of trade agreement. The restraint agreement provided as follows: 1. In the event of the termination of my employment with the COMPANY for any reason…
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