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Legal Opinion

Is workplace victimisation prohibited?

Labour legislation avoids dealing directly with the concept of 'workplace victimisation'. I've been unable to find it mentioned anywhere in the Labour Relations Act (LRA). This is most surprising especially as one of the key purposes of the LRA is to give effect to the constitutional provision for the right to fair labour practice. However, the LRA does deal with the issue of victimisation in a more indirect way.


'Undesirable person': The new immigration legislation provisions

The Immigration Amendment Act, No 13 of 2011 (Act), and the new regulations under the Act, provide for what is termed the 'undesirable person'. Essentially, a foreign national who falls within a category listed in s30(1) of the act can be declared by the Department of Home Affairs (DHA) as an 'undesirable person'.


The Protected Disclosures Amendment Bill: The whistle gets louder

The Protected Disclosures Act (PDA) essentially allows employees to make certain disclosures to various bodies about their employers' conduct while being protected from any disciplinary action or any form of occupational detriment. The public have now been asked to offer comment on proposed amendments to this PDA. In short, the proposed amendments seek to extend the scope of the Act, include a greater number of people and provide more scenarios under which protection is sought. Read on to find out about the four areas of the Protected Disclosures Amendment Bill (Bill) that you need to know.


What are the legal risks of social media?

Social media has taken over everything we know and love, including the business world. It's made communication convenient and more enjoyable and is increasingly being used as a brand-building tool for organisations on a global scale. However, there is a dark side to social media – legal risks that both employer and employee alike need to be aware of...


Draft your company policy in line with labour codes

Labour codes form a substantial part of labour legislation. This means that you need to know these codes and understand your obligations under them. Labour legislation contains, among others, codes on retrenchment, picketing, sexual harassment and dismissal. But what is a 'code'? Is it a law or is it something less than a law?