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Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

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44
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

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45
Article

Are you an Accountable Institution under FICA?

27 February 2025

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

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45
Article

Injured by a hazardous product? Know your rights!

27 February 2025

In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.

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40
Article

Is your business ready for the new Employment Equity rules?

27 February 2025

This article briefly highlights the changes small business owners should anticipate following the enactment of the Employment Equity Amendment Act... (EEA) updates.

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44
Article

Reconsideration under Section 17(2)(f): still a safety net?

06 February 2025

With 2024 amendments to Section 17(2)(f) of the Superior Courts Act, is the application for reconsideration still an option for litigants?  

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60
Article

Navigating harassment in community schemes

06 February 2025

Can you protect yourself from harassment in your community scheme? Learn which legal route could work best for you and... how the courts are stepping in to ensure community safety. 

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88
Article

POPIA: protecting health and sex life data privacy

06 February 2025

New draft POPIA regulations address the processing of sensitive health and sex life data. This article explores the potential impact... on privacy and consent concerns. 

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86
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

READ MORE
44
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
45
Article

Are you an Accountable Institution under FICA?

27 February 2025

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

READ MORE
45
Article

Injured by a hazardous product? Know your rights!

27 February 2025

In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.

READ MORE
40
Article

Is your business ready for the new Employment Equity rules?

27 February 2025

This article briefly highlights the changes small business owners should anticipate following the enactment of the Employment Equity Amendment Act... (EEA) updates.

READ MORE
44
Article

Reconsideration under Section 17(2)(f): still a safety net?

06 February 2025

With 2024 amendments to Section 17(2)(f) of the Superior Courts Act, is the application for reconsideration still an option for litigants?  

READ MORE
60
Article

Navigating harassment in community schemes

06 February 2025

Can you protect yourself from harassment in your community scheme? Learn which legal route could work best for you and... how the courts are stepping in to ensure community safety. 

READ MORE
88
Article

POPIA: protecting health and sex life data privacy

06 February 2025

New draft POPIA regulations address the processing of sensitive health and sex life data. This article explores the potential impact... on privacy and consent concerns. 

READ MORE
86
Article
GO
GO
Filter: Dismissal
See no evil, speak no evil: reporting misconduct

30 October 2024

What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.

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331
Article
Can you use your culture to justify being absent from work?

15 January 2024

Employers are required to respect and honour the rights of their employees. However, in return, employees are required in terms... of their employment relationship to offer their services and not be absent from work without leave. But how do these rights stack up when an employee claims their right to culture as justification for being absent from work? In this article, we take a look at a recent CCMA case that had to dissect this rather complex question.

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425
Article
Can you be fired if artificial intelligence can do your job?

29 March 2023

Social media has been flooded with chatter about the chatbot phenomenon ChatGPT which seems destined to be able to, if... not far better do, what humans can! So, what does this mean for employees? Can you be replaced by a bot like ChatGPT? In this article, we take a closer look at what this could mean for employees in the not-so-distant future.

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477
Article
Can you be dismissed for not returning to the office post Covid-19

22 November 2022

With the national Covid-19 lockdown slowly becoming a thing of the past, many employers have asked employees to return to... the office, full time or on a hybrid basis. But, employees have become used to working from home and some don’t want to return to the office. What happens if an employee refuses to return to the office and offers to continue to work from home?

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949
Article
How you can get fired for airing an opinion on WhatsApp

15 September 2022

With the prevalence of social media and platforms for sharing information, is it possible that you can get fired for... a post or group message you made?

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1172
Article
Can you be fired for a WhatsApp message?

14 June 2022

With so much communication happening via WhatsApp these days, even between employee and employer, it raises the question as to... whether an employee can be fired for a WhatsApp sent to his/her employer?

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583
Article
Can you take steps against an employee who refuses to testify?

13 April 2022

Often when employers are confronted with serious misconduct by an employee, a vital part of the disciplinary process is to... have other employees testify about the misconduct where they were eye witnesses and/or have knowledge of the misconduct committed. But what happens when an employee refuses to testify against another employee?

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535
Article
Can you dismiss an employee for refusing to be vaccinated?

21 March 2022

Many companies are struggling with the question of whether they can make it mandatory for their employees to be vaccinated... against the Covid-19 virus and, if necessary, even take disciplinary steps against an employee who refuses to be vaccinated. So what does our law say about this?

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630
Article
Can you be dismissed for not wearing a face mask at work?

12 October 2021

I’m an HR manager and also responsible for health and safety at my workplace. Lately I’ve noticed an increasing number... of employees failing to keep their Covid masks on at work, despite regular warnings. My employer is very worried about this and has asked if we are allowed to dismiss employees that blatantly fail to adhere to our Covid-19 protocol of wearing a face mask. Not wearing a face mask is in my view very serious, but dismissing someone is also a serious step. Can someone be dismissed for not wearing their face mask?

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529
Article
Can my employee refuse to come to work because of Covid-19?

16 March 2021

Although we are nearing the tail-end of the Covid-pandemic, I still have a number of my employees that are refusing... to come to work because of Covid-19. I’ve tolerated them being at home, but my problem is that there is very little work they can do from home, yet I have to pay them. Can I force them to come back?

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676
Article

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