Maternity Benefits
( 23 April 2010 )
Section 25 of the Basic Conditions of Employment Act ("BCEA") provides that an employee is entitled to at least four consecutive months' unpaid maternity leave. This article is concerned with the benefits that are payable to an employee whilst she is on maternity leave.

Data protection
( 23 April 2010 )
Currently, privacy and data protection in South Africa is regulated by section 14 of the Constitution (right to privacy), the common law right to privacy and the provisions of the Electronic Communications and Transactions Act, 2002 and the Promotion of Access to Information Act, 2000. In August 2009, the Protection of Personal Information Bill ("the Bill") was tabled in Parliament and it is anticipated that the Bill will be finalised in May 2010.

Update on labour broker issue
( 23 April 2010 )
In December 2009, the Namibian Supreme Court of Appeals held that the banning of labour brokers in Namibia was inappropriate and not permissible. The Federation of Unions of South Africa ("FEDUSA") welcomed this outcome saying that any absolute prohibition was unreasonable because the "constitutional objectives can be achieved by regulatory (means)."

The Inconsistency Defence: but he didn’t get fired!
( 23 April 2010 )
Fairness requires that disciplinary proceedings against an employee be heard before an independent chairperson who weighs the evidence and comes to a decision on the charges proffered by the employer against the employee. The chairperson is often a senior employee who has been trained in decision-making in disciplinary enquiries, is knowledgeable about the employer's disciplinary rules and procedures and undoubtedly has some understanding of fairness principles and perhaps even labour law concepts.

So, no more muddy puddle?
( 23 April 2010 )
The Supreme Court of Appeal recently handed down judgment in McKenzie v SAMSA, a judgment that may signal the end of a debate, plaguing and perplexing as it was, that should perhaps never have existed at all.

Murder vs culpable homicide: Was there an intention to kill?
( 12 March 2010 )
It was initially reported that Molemo Maarohanye, better known as Jub Jub, and his co-accused, Themba Tshabalala, would be charged with culpable homicide, and many were shocked when prosecutor Liezl van Jaarsveld told the magistrate the pair faced four murder charges, two attempted murder charges, one count of reckless and negligent driving and another of driving under the influence of alcohol.

FIFA and the media: an uneasy relationship
( 04 March 2010 )
Despite the FIFA World Cup being just a few months away from kick-off, the question of what the media will be allowed to report in relation to the event remains unresolved. The South African National Editors Forum (SANEF) recently approached FIFA regarding certain issues arising from the FIFA Terms and Conditions to which accredited journalists are required to adhere in order to cover the event. Most of the issues raised by SANEF have not been addressed and prove problematic for journalists during the World Cup in that they have the effect of restricting critical reportage on the World Cup.