Temporary employment laws in South Africa

A client asked: “Can my employee keep me on as a temporary employee, indefinitely, and dismiss me whenever it feels like it?” Regarding temporary employment contracts, our Labour Relations Act (LRA) provides that: If a company employs a person for longer than three months, he or she would be ‘deemed’ to be an ‘indefinite period employee’… Continue Reading

Prohibition of transferring agricultural holding in undivided shares

Source: Allen West Agricultural holding” is defined in the Agricultural Holdings (Transvaal) Registration Act, 22 of 1919 (hereinafter referred to as the Agricultural Holdings Registration Act), as land of which the use is determined, and it is not smaller than 1 morgen (8565 square meters).  The title deed conditions in respect of agricultural holdings, in most… Continue Reading

POPI – registration of Information Officers and developing Codes of Conduct

In terms of the Protection of Personal Information Act, 2013 (“POPIA”), the Information Regulator in South Africa (“Regulator”) requires the appointment and registration of an Information Officer and compliance with the Regulator’s codes of conduct,   The Regulator, in her notice of 22 February 2021, indicated these effective dates: Regulation 5 (Application for Code of Conduct)… Continue Reading

POPIA: registration of Information Officers and Deputy Information Officers

The Information Regulator established under the Protection of Personal Information Act, 2013 (“POPIA”) published a Guidance Note for the registration of Information Officers (“IOs”) and Deputy Information Officers (“DIOs”) urging companies to use its online portal for registration of IOs and DIOs. This portal will be available from 1 May 2021, Once registered, the contact… Continue Reading

Polygraph tests in the workplace

Can an employer dismiss an employee if he fails a lie detector test? The Labour Appeal Court dealt with this issue in DHL Supply Chain (Pty) Ltd v De Beer No and Others (2014) (LAC), where it held that the mere fact that an employee fails a polygraph test is not in itself sufficient to find an… Continue Reading

Negotiating successfully

Negotiation is when two or more parties with different needs and goals try to find a mutually acceptable solution. A successful outcome will help the parties build better relationships, lasting, long-term solutions that satisfy both parties’ needs and assist in avoiding future problems and conflicts. As Steven Covey suggests in his book “The 7 Habits… Continue Reading

Damages sustained at work – who is liable?

What is an accident at work? The Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA“) defines an accident as “an accident arising out of and in the course of an employee’s employment and resulting in a personal injury, illness or the death of the employee”. COIDA provides that if an employee has an accident… Continue Reading

What are the requirements to deregister a trust?

Source: Allen West TONKIN CLACEY PRETORIA Introduction Trusts must be registered with the Master in whose area of jurisdiction the greatest portion of the trust assets are situated. If more than one Master has jurisdiction over the trust assets, the Master in whose office the trust was first registered will continue to have jurisdiction. There… Continue Reading

POPIA and the Information Officer

The Protection of Personal of Personal Information Act, 2013 (“POPIA”) requires entities to be compliant by 1 July 2021. One requirement is the appointment of an Information Officer for your organisation. Who is the Information Officer? Section 1 of POPIA defines the “information officer” in relation to a private body as “the head of a private body… Continue Reading

South African Law Blogs

South African Law Blogs
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