Jan 2023

What Does The Law Say About Employees Returning To The Office?

As the COVID-19 pandemic lifts, normality slowly returns to SA inclusive of employees returning to the office. While some employees enjoyed remote working but want to return to the office, others have become accustomed to either solely remote working or a hybrid thereof, i.e. working from home and the office. While these working premises changes […]

Oct 2022

THE COMMON PURPOSE DOCTRINE NUMSA obo Aubrey Dhludhlu & 147 others // Marley Pipe Systems (SA)(Pty) Limited [2022] ZACC 30

The Doctrine of Common Purpose is derived from criminal law principles. In essence, the Doctrine “ … imputes liability for an act of the perpetrator of a criminal act to those who associate themselves with the act before or during its commission.”.  As the implications of such imputed liability may seriously affect another individual’s rights, […]

Sep 2022

Company Policies on Employees Accepting Gifts

Many employers implement restrictions on the acceptance of any gifts or favours from third parties such as clients or suppliers. It is not uncommon for these restrictions to be contained in disciplinary codes which prescribe general workplace conduct. Depending on the sector and nature of the work, the enforcement of these rules may vary and […]

Feb 2022

May employers make deductions to an employee’s remuneration?

12.01.2021 Shenaaz Padayachee // Interpak Books (Pty) Ltd 2014 (LC) Employers are often faced with instances where an employee’s actions have resulted in the employer incurring loss or damage. Instances where the employee is genuinely to blame, employers may wish to recover these losses or damages from the relevant employee. What right of recourse would […]

Feb 2022

Appropriate vs inappropriate behaviour in the workplace: Sexual harassment

With the power of love making some silly, it is important to remember not to blur the lines (#queRobinThickeAndPharell) of appropriate and inappropriate behaviour within the workplace. While that special someone may be a co-worker, bear in mind that workplace romances may literally and figuratively end in tears. A co-worker may cry ‘wolf’ if the […]

Jan 2022

ARE DISCUSSIONS DURING CONCILIATION PROCEEDINGS STRICTLY OFF THE RECORD?

September & others // CMI Business Enterprise CC [2018] ZACC Rule 16 of the Commission for Conciliation, Mediation and Arbitration (“CCMA”) confirms that the information discussed during conciliations is private and confidential and may not be disclosed in subsequent proceedings. However, the Constitutional Court (“CC”) has confirmed that in certain instances where it would assist […]

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