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COIDA judgement finds State is not considered a single entity

The Constitutional Court has now had the opportunity to decide on the meaning on the word 'State' for purposes of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 ('COIDA') in the matter of Minister of Defence and Military Veterans v Liesl-Lenore Thomas (168/14) [2015] ZACC 26.

By Fiona Leppan, Michael Yeates and Terrick McCallum 28 Aug 2015 14:46

Richard Pemberton
Interpreting the Labour Relations Amendment Act

The Labour Relations Amendment Act of 2014 is now law and interpretation issues are going to arise. An important aspect will be the words 'must be treated on the whole not less favourably' in Section 198A(5) in respect of labour brokered employees being deemed to be employees of the client. The same words are used in respect of part time employees in Section 198C(3)(a). In respect of fixed term contracts the words 'on the whole' are missing in Section 198B(8)(a). This section simply says, 'Must not be treated less favourably.'

By Richard Pemberton 28 Aug 2015 13:59



Understanding consultation triggers in retrenchment
Understanding consultation triggers in retrenchment

When an employer contemplates dismissing one or more of its employees for reasons based on its operational requirements, ie the employer's economic, technological, structural or similar needs, the employer is under an obligation to consult with the relevant employees before retrenchment.

By Gillian Lumb 27 Aug 2015 14:32

Journalists and the Protection of Personal Information Act (POPI)
Journalists and the Protection of Personal Information Act (POPI)

A recent judgement of the European Court of Human Rights (ECHR) placed the spotlight again on the balancing privacy rights against journalists' freedom of expression. The judgement raises the question: How will journalistic activities be regulated by the Protection of Personal Information Act (POPI) when it comes into force?

By Danie Strachan 27 Aug 2015 09:08

'Law and Regulation in a Digital South Africa' seminar

A seminar, entitled 'Law and Regulation in a Digital South Africa', will be held in Johannesburg this Friday, 28 August 2015.

26 Aug 2015 16:48

Copyright Amendment Bill - a diamond in the rough
Copyright Amendment Bill - a diamond in the rough

The Copyright Amendment Bill is by all accounts a grave misfortune and a study in amateur law making. However, it is noteworthy that the Bill contains a set of provisions that is worthy of (limited) praise and deserving of closer analysis.

By Cobus Jooste 26 Aug 2015 14:48

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Estate agent sign boards and costs in spotlight

The City of Cape Town recently met with heads of various stakeholders in the property industry, including the Institute of Estate Agents Western Cape, regarding the use of advertising signboards, particularly by interns, and the new advertising tariffs charged by the council.

25 Aug 2015 12:39

Can a tweet enjoy copyright protection?
Can a tweet enjoy copyright protection?

Twitter is a free social networking site that allows its users to send messages, or "tweets", which are limited to 140 characters or less, to other Twitter users and to see the tweets of others by "following" them.

By Werina Griffith & Nicole Smalberger 25 Aug 2015 10:04

Understanding Restraint of Trade agreements
Understanding Restraint of Trade agreements

A Restraint of Trade is a contract, agreed between an employer and employee, which places restrictions on the employee's future activities or employment should he or she decide to leave the business.

By Madge Gibson 24 Aug 2015 16:53

E-learning platform offers understanding of Employment Practices Liability
E-learning platform offers understanding of Employment Practices Liability

Camargue, an underwriter of niche insurance products and a provider of risk management solutions, has launched an Employment Practices Liability (EPL) module online that offers brokers and understanding of EPL, the risks and a grasp of unfair labour practices and key exclusions.

24 Aug 2015 13:26