Category: Labour Briefs

Addressing POPIA prior authorisation – the Information Regulator issues a Guidance Note for applications for prior authorisation

June 2021 LABOUR BRIEF NO. 439 Closely following its statement on WhatsApp’s proposed changes to its privacy policy, the Information Regulator (IR) has published a Guidance Note (on 11 March 2021) *regarding* the application for prior authorisation, which elaborates on the process to be followed by businesses who are currently processing or intend to process…

The employees’ right to disclosure of an investigation report during CCMA proceedings

May 2021 LABOUR BRIEF NO. 438 Are employees entitled to disclosure of an investigation report which forms the basis of the charges against them during CCMA proceedings? The Labour Court was called to answer this question in the recent judgment in South African Sports Confederation and Olympic Committee (SASCOC) v Commission for Conciliation, Mediation and…

COIDA Amendment Bill: A changing work order – employers beware of administrative fines

April 2021 LABOUR BRIEF NO. 437 Amendments encapsulated within the Compensation for Occupational Injuries and Diseases Amendment Bill (the Bill) have introduced harsher penalties to be levied upon employers regarding unlawful conduct in connection with workers’ compensation. In light of an over-crowded court roll, employers will no longer face criminal sanctions by a court of…

Resignation with immediate effect cannot be used as a mechanism to escape disciplinary action

February 2021 LABOUR BRIEF NO. 435 The Labour Appeal Court (LAC) has finally resolved the debate as to whether an employee’s resignation with immediate effect negates an employers’ right to discipline an employee during their notice period. In the judgment of Standard Bank of South Africa Limited v Chiloane (handed down on 10 December 2020),…

Cross Examination is a Right

November 2020 LABOUR BRIEF NO. 434 At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness…

Dirty hands will be canned at CCMA

October 2020 LABOUR BRIEF NO. 433 In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in reasonable working…

Corona Does Not Give Employer the Right to Retrench At Will

September 2020 LABOUR BRIEF NO. 432 Retrenchments are a big part of the New Normal, but the new normal does not give employers the license to retrench at will. When an employer contemplates retrenching employees it is strictly required by the Labour Relations Act (LRA) to consult first about this prospect before making any decision…

The application of BBBEE prescripts when doing business with government by Corné Lewis and Neha Dhana (CDH

July 2020 LABOUR BRIEF NO. 430 Section 217 of the Constitution of the Republic of South Africa directs National, Provincial or Local spheres of Government, or any other institution identified in national legislation to contract for goods or services in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. The Broad-Based Black…