Lawfulness of Personal Information Processing Under POPI
The Protection of Personal Information (POPI) Act serves as a cornerstone in safeguarding personal data within South Africa. Section 11 of the POPI Act delineates the conditions under which the processing of Personal Information (PI) is deemed lawful, ensuring that individuals’ data is handled with due care and in accordance with legal standards.
Eradicating Racism in the Workplace: A Firm Stance from the Labour Court
In a landmark ruling, the Labour Court has sent a clear message that racism will not be tolerated within the professional sphere, regardless of the perpetrator’s position. The case of Mpungose v Nedbank has become a pivotal point in the ongoing battle against workplace discrimination.
Resilience in the Workplace: A Key Ingredient for Success in 2024
I have recently been asked by many clients to design a learning journey with a specific focus on resilience and what it means in 2024. We can say that 2024 has brought with it a new set of challenges and opportunities for businesses in South Africa. Amidst this dynamic corporate, economic, and political landscape, one factor remains constant - the importance of resilience.
Dispelling Fixed-Term Contract Myths
Fixed-Term Contracts (FTCs) have long been known by various names: Limited Duration Contracts, Short-Duration Contracts, and Project Employment Contracts. Regardless of the terminology, the essence remains the same: an FTC is a contract clearly circumscribed by a defined time-period or a specific project description. After this period or upon project completion, the automatic termination doctrine applies. It is not a dismissal but rather a termination of the contract due to the effluxion of time or the end of a defined project.
Navigating Personal Boundaries in the Workplace: A Legal Perspective
In the intricate dance of workplace relationships, the question of how far colleagues can engage with each other on a personal level without crossing boundaries is a multifaceted puzzle. As legal authors, we delve into the nuances of this delicate issue, recognizing that context, nature, and frequency play pivotal roles in shaping perceptions.
CEO Non-Performance: Misconduct or Incapacity?
When a company's key financial metrics such as Net Profit After Tax (NPAT), Profit Before Tax (PBT), Revenue, Earnings Per Share (EPS), and debtor's days fail to meet expectations over a year or two, the spotlight inevitably falls on the CEO. The question arises: is this a case of misconduct or incapacity?
Substances – Privacy Meets Workplace
Substance abuse in the workplace, particularly in some industries such as the BPO/call centre industry, can have significant impacts. It is acknowledged that substance abuse can lead to absenteeism, accidents, illness, and increased mortality, which in turn can increase employer costs.
EQ and Well-being: What’s the Deal?
In today’s fast-paced world, the intersection of emotional intelligence (EQ) and employee well-being is a critical topic. As organizations strive to create healthier work environments, understanding the relationship between EQ and well-being becomes paramount. In this article, we delve into the definitions, explore global trends in mental health, and uncover how EQ impacts overall well-being. Finally, we offer practical recommendations for employers to enhance EQ within their workplaces.
The Wages of Breaching the BCEA: Navigating Compliance Challenges
The Basic Conditions of Employment Act (BCEA), enacted more than two decades ago, stands as a cornerstone of labour legislation in South Africa. Its purpose is to safeguard the rights of employees by regulating fundamental aspects of their employment. Despite its clear and codified provisions, many organizations find themselves grappling with compliance challenges. In this article, we delve into the intricacies of the BCEA, explore common pitfalls, and shed light on the penalties employers face when they fall short.
When It Comes to Theft, Size Doesn’t Matter
In the realm of employment, trust is the cornerstone of any employer-employee relationship. This trust is not just a moral expectation, but a fundamental requirement for the smooth functioning of the workplace. However, when this trust is breached, it can render the continued employment relationship intolerable, irrespective of the quantum of the theft or dishonesty.
Incompatibility - Where Does It Fit In?
The National Economic Development and Labour Council (NEDLAC) is currently engaged in a labour law review process. One of the proposed changes is to include “incompatibility” as a specific element of incapacity in Schedule 8 of the LRA, which is traditionally associated with poor performance.
Values-Based Decision-Making: Navigating Life’s Crossroads
Values-based decision-making is a powerful approach that guides our choices by aligning them with our core beliefs and principles. When we consciously connect our actions to our values, life tends to flow more harmoniously. Conversely, when there’s a misalignment, we may encounter difficulties and inner conflict.
