Labour law

National Payment System Act Review and why you should comment

In 2014 National Treasury issued an instruction prohibition by national and provincial public entities from making payments via the internet due to the risk associated with such transactions. [1] In 2019, however, it seems that National Treasury (“NT”) has had a change of heart and are revaluating its existing payments regulatory framework.  On 5 December 2018, National Treasury and the [...]

By | 8th February, 2019|AI, Cybersecurity, Data Protection, IP Law, IT Law, Labour law, Media Law, PPM Attorneys|

How to find your strength in the workplace

Employees are often not aware of the power they have against their employer. As an employee, you have a duty to yourself to exercise your rights in a just and reasonable manner. This will allow you to exert some power against the employer in instances of infringement against your rights. South Africa has extensive laws aimed at regulating the working [...]

By | 28th June, 2018|Labour law|

GDPR BENEFITS FOR CONSUMERS

You are probably reading this article on your smart phone, which has a digital footprint of all the people and entities in your life who you have interacted with online. Whether you are aware of it or not, your personal data is being shared online for the world to consume.  This means that your location and preferences are well known. [...]

By | 26th June, 2018|Cybersecurity, Data Protection, IP Law, IT Law, Labour law, Media Law|

CAN YOUR EMPLOYER READ YOUR MIND

If you think your boss is a bit nosy and intrusive be thankful that you don’t work for a state-owned enterprise in China.  Employees’ brain waves are reportedly being monitored in workplaces such as factories and military operations. Thankfully,the technology is not advanced enough where employers can read the minds of workers. The technology does however, detect and analyze, with [...]

By | 26th June, 2018|AI, Labour law, Privacy Law|

SoCs: new dawn or new death?

Below are existing governance tools and instruments that arguably need government and its SoCs must implement fully and consistently to contribute towards effective SoC governance for efficient SoC turnaround and sustained success. These are based on a comparative study, including interviews undertaken, comparing and extracting key success factors between SoCs in South Africa and in other emerging economies in Asia [...]

Compliance is not a legal issue: True or False

Lawyers interpret legislation and advise accordingly and our advice isn’t cheap.  We spend hours considering legislation so that we can give you the most precise advice.  Most often, we are called in when faeces are propelled in an upward direction.  This happens when clients don’t follow our advice. Did you follow our advice? Yes, you say. But did you really? [...]

A QUICK GUIDE TO RETRENCHMENT

Tougher economic times have led to more companies facing the unpleasant task of having to retrench staff.  Here is a quick guide on what retrenchment really is. Retrenchments are generally classified as “no fault” dismissals given that they arise from an employer’s situation and are not due to any fault or responsibility of an employee. The ultimate goal is for the employer [...]

By | 9th November, 2017|Labour law, PPM Attorneys|

FACEBOOK GOT ME FIRED!

A recent ruling in the Metal and Engineering Industries Bargaining Council (“MEIBC”) found a dismissal of an employee was substantively fair after an employee was dismissed as a result of a post on Facebook. In Gordon / National Oilwell Varco[1], an employee’s mother was injured in an ambulance hijack. Outraged by the incident, the employee posted a message on Facebook [...]

By | 10th October, 2017|Labour law, PPM Attorneys, Social media law|

World Day Against Child Labour

In light of World Day Against Child Labour 2017, we have highlighted the labour laws with respect to children. Firstly, child labour is not legal in South Africa.  However, children can’t use this as an excuse to get out of doing the dishes.  Not all work by children is deemed to be child labour, for example, reasonable household chores are [...]

By | 12th June, 2017|Child law, Labour law, PPM Attorneys|

ARE RESTRAINTS OF TRADE LEGAL?

Simply put, a restraint of trade is a legal contract between an employer and employee that prevents the employee from engaging in a similar business within a specified geographical area and/or within a certain time, once the employment contract has terminated. Many new employees heedlessly sign a restraint of trade, falsely under the impression that they are unenforceable. This mistaken [...]

By | 6th March, 2017|Commercial Law, Labour law, PPM Attorneys|