Posts by Belinda

Your estate gets distributed according to South African law and not according to your wishes. · Your estate gets distributed according to South African law and not according to your wishes. · This means people you may have wanted to inherit something won’t, and those you didn’t want to, might. · If your Will hasn’t…

In the case of Koprindjiyska v 80 Westcliff (Pty) Ltd t/a Four Seasons Hotel (JS 994/20) [2022] ZALCJHB 325 (22 November 2022), an employee of the Four Seasons Hotel, employed as a Housekeeping Supervisor, sought an order by the Labour Court (LC) to declare her retrenchment as substantively and procedurally unfair. The employee was retrenched…

Misconduct is inevitable in every workplace, but not each instance of misconduct is always addressed as the disciplinary process can feel overwhelming. Recently, a few judgments have pronounced on the concept of a decriminalised approach.  The case law supports an approach to discipline that has changed from the archaic ‘criminal justice model’ to the post-constitutional…

In Ephraim Mogale Local Municipality v Hlongwane NO and Another [2023] 9 BLLR 898 (LC), the employee was employed by Ephraim Mogale Local Municipality (the Municipality) as municipal manager.  The Local Government: Municipal Finance Management Act 56 of 2003 (the MFMA) imposes several responsibilities on municipal managers to ensure that effective and transparent systems of financial…

Culture is the sum total of the beliefs and traditions of a particular society and religion is a manifestation of culture, not the reverse.”[1] Religious and cultural belief systems go to the very core of a human being. They are interwoven with a person’s day to day living. Employers are often called upon to strike…

In today’s digital age, cyber threats have become an ever-present danger for individuals and organizations alike.  Phishing emails, in particular, continue to be a common tactic used by cybercriminals to deceive unsuspecting recipients and gain unauthorized access to sensitive information.  Recently, the Department of Employment and Labour issued a warning regarding a specific phishing email…

(ZEPS) UPDATE On 27 June 2023, the Pretoria High Court handed down a judgement declaring the decision of the Minister of Home Affairs, which terminated the Zimbabwean Exemption Permits (ZEPs), as unlawful, unconstitutional and invalid. The ZEP program, as per the court order, was consequently extended for 12 months, until end of June 2024, during…

In South African Municipal Workers Union obo Malatsi v South African Local Government Bargaining Council [2023] 6 BLLR 581 (LC) the employee alleged that the double jeopardy rule applied to a second hearing that was based on the same facts but for which he was charged with a different charge. In this case, the employee was employed…