Posts by DLI Attorneys
Avoid Liability with POPIA Compliance
Employers must look to achieve a minimum level of POPIA compliance to avoid unnecessary fines and liability. In this regard note that there is strict liability under POPIA which simply stated means that no one needs to have suffered harm for you to be liable to pay a fine. One of the case were issues arose included an…
Read MorePAIA COMPLIANCE: IS YOUR WEBSITE READY?
If you need to become compliant Darran Ledden Incorporated Attorneys can assist you! Introduction: The Promotion of Access to Information Act (PAIA) is legislation that promotes transparency and accountability by granting individuals the right to access information held by public and private bodies. Private bodies, including businesses and organizations, have specific obligations under PAIA, and recent updates have…
Read MoreSpotlight on Dual Employment
Multitasking is often celebrated as a virtue, but a ruling by the Labour Court has cast a spotlight on the complex interplay between the rights of employees to seek additional employment, and their fiduciary duties to their primary employers. The Labour Court recently held that an employee violated her fiduciary duty and her employer’s policies…
Read More“ALL PARENTS OF WHATEVER STRIPE”: CHANGING THE LANDSCAPE OF PARENTAL AND MATERNITY LEAVE
On 25 October 2023, the Gauteng High Court per Sutherland DJP handed down judgment declaring the provisions of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA”) relating to maternity-, parental-, adoption- and commissioning parental leave and the relevant provisions of the Unemployment Insurance Act, 63 of 2001 (“UIA”) unconstitutional and invalid for falling…
Read MoreCan a sexual harassment claim prescribe?
There is a SePedi maxim that says “Molato ga o bole’’, which is loosely translated to mean that there is no prescription for unlawful acts, regardless of the time that has passed since the unlawful act in question was committed. In LM v South African Broadcasting Corporation (SOC) Limited, the High Court had to consider whether a sexual…
Read MoreZimbabwean Exemption Permits extended again
https://www.news24.com/news24/southafrica/news/motsoaledi-extends-zimbabwean-exemption-permits-again-20230608
Read MoreCYBERBULLYING IN SOUTH AFRICA: A LEGAL PERSPECTIVE
Cyberbullying is a form of bullying that occurs online through various digital platforms such as social media, instant messaging, and text messaging. In South Africa, this issue has been gaining more attention in recent years due to the growing use of technology and the internet among young people. As a result, individuals need to understand…
Read MoreEmployers are sick of absenteeism
Employers are entitled to discipline employees for absenteeism. Employers can expect that there employees notify them regarding absenteeism and a failure to do so is a transgression of the company’s code of conduct. Employers often lose CCMA cases because the law is confusing. That is, while Schedule 8 implies that employees may be dismissed after…
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