At the heart of the Protection of Personal Information Act (POPIA) lies the fundamental right of data subjects to have their personal information safeguarded whenever a responsible party processes it. POPIA mandates that responsible parties need to ensure the integrity and confidentiality of personal information, to prevent unauthorised access, loss, damage, or destruction of information. To achieve this, responsible parties must implement appropriate technical and organisational...

In the fast-paced world of business, our daily tasks often resemble a battlefield. Priorities clash for our attention, and Monday morning meetings serve as constant reminders that quality should be at the heart of our work ethic. Yet, amidst our overflowing schedules, it's easy to overlook the invaluable role of continuous training. Not only does it enhance the skills of our workforce, but it also provides a tangible financial benefit to our companies through grants. But which grant should we...

Understanding how to calculate the value of an employee's unused annual leave in Rand can be confusing for some employers. This can often lead to disputes when an employee leaves the company. The calculations and examples below are based on the Basic Conditions of Employment Act. Accrual of annual leave for employees working 5 days per week These employees should get 15 working days of annual leave, which adds up at 1.25 days per month. Accrual of annual leave for employees working 6 days per...

What is incitement? The definition of incitement in terms of labour law was affirmed in the case of Albion Services CC v CCMA (2013) ZALCD 12, where the court held that the test for incitement is whether the employee had the intention to reach and sought to influence the minds of his/her fellow employees. The court further held that the means adopted by the employee to incite the other employees are of second importance. Must the other employee be aware that their actions are unlawful? In...

Your business may be struggling to meet clients' demands for a specific BEE level. Adding to this stress is the worry that failing to score well on the priority elements could prevent you from achieving the required BEE level. This situation can quickly turn BEE compliance into a barrier to your business's growth. But it doesn't have to be that way. One key priority element, Enterprise and Supplier Development (ESD), carries substantial weight. When managed correctly, ESD can significantly...

In a groundbreaking decision, the Labour Appeal Court reversed the Labour Court's ruling in Bernadette Enever vs. Barloworld Equipment, setting a new precedent that challenges the extent to which company policies can intrude into employees' private lives. The employee’s services were terminated after repeatedly testing positive for cannabis in her system. The employee, who used cannabis to manage severe anxiety, argued that her consumption, which occurred outside of work hours, did not impair...

Business Rescue is a Lifeline for Financially Distressed Companies – But Timing is Everything In the wake of increasing economic pressures and unforeseen global crises, the concept of Business Rescue emerged as a source of hope for companies teetering on the brink of financial collapse. With a noticeable uptick in applications for business rescue reported by the Companies and Intellectual Property Commission (CIPC), it's clear that this mechanism is being recognised not as an admission of...

The National Bargaining Council for Road Freight and Logistics Industry (NBCRFLI) is a compulsory Bargaining Council, which means that even if your Company contains one truck that carries, transports and stores freight for transport for reward, your Company does need to go through the process of registering with the NBCRFLI.  What is Road Freight? Road freight is cargo movement between two places (a place of loading and a place of unloading) using power vehicles via a road...