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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…

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…

In South African Medical Association Trade Union obo Rikhotso v MEC: Department of Health, Limpopo Province and Others [2023] 6 BLLR 575 (LC) an employee who was employed as a medical doctor resigned in the midst of facing disciplinary action.  A disciplinary inquiry had been convened, which related to a charge that he had incited other employees…

Being under the influence of alcohol at work cannot be tolerated in any workplace. Some employers set the bar higher by adopting a ‘zero-tolerance’ approach with regard to the mere presence of alcohol in an employee’s system. Breath-alcohol (‘breathalyser’) tests are commonly used as a measuring tool in both instances. But just how reliable are…

https://www.news24.com/news24/southafrica/news/motsoaledi-extends-zimbabwean-exemption-permits-again-20230608

Domestic workers and their employees have new rules to follow in South Africa relating to compensation for injuries or diseases stemming from a place of work. The Compensation for Occupational Injuries and Diseases Act, 1993 has successfully been amended by Parliament following being assented to by President Cyril Ramaphosa on 6 April. Changes to broaden…

Excessive sick leave absenteeism creates numerous problems for employers and fellow employees and also evokes emotional responses – employers believing the sick leave is consistently abused, whereas employees believe that they have a right to utilise their full sick leave entitlement.  Employees have a common law duty to render services during their contracted working hours. …