Ubuntu News
Big 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…
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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…
Read MoreTake care before you share: The dangers of social media use in the workplace
Advancements in technological gadgets such as smart phones and laptops, as well as the recent breakthroughs made with artificial intelligence, have undoubtedly made our lives easier by enabling us to access information seemingly at the speed of light. Furthermore, social media platforms such as Facebook, Instagram and X (formerly Twitter) have enabled users to connect…
Read MoreIs it unfair to dismiss employees who reject vertical bumping?
In Porter Motor Group v Karachi (“Karachi”), the Labour Appeal Court (“LAC”) set out the principles of bumping in retrenchments. It held that the Last In First Out (“LIFO”) principle is considered a fair selection method as it prioritises those employees who have served the employer for a longer period of time. It also accepted the principle…
Read MoreOccupational Health and Safety Act 85 of 1993 – Legal Liability for South African Companies
Employers who do not ensure compliance with the Occupational Health and Safety Act may face fines of up to R50 000.00 or one-year imprisonment. Employers found guilty of negligently causing injury to a worker may be fined R100 000 or face two years’ imprisonment. If an employee accidentally dies, the employer may be charged with…
Read MoreELECTION DAY 2024
The upcoming Election Day on Wednesday, 29 May 2024, has been declared a public holiday throughout the Republic of South Africa. Employers are reminded that it should be treated the same as any other public holiday. For most employees (i.e., those who work a regular week), Election Day would otherwise have been an ordinary working…
Read MoreEXTENSION OF BARGAINING COUNCIL: FAST FOOD, RESTAURANT, CATERING AND ALLIED TRADES TO NON-PARTIES
The Bargaining Council for the Food Retail, Restaurant, Catering & Allied Trades previously known as the Bargaining Council for the Tearoom, Restaurant & Catering Trade, Pretoria, has been registered since September 1941. Their primary function is to regulate relations between management and labour and to settle disputes between parties. The main agreement will amongst other…
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