disciplinarycode

August 30, 2021

Employee Mental Health Issues: How To Fairly Address Them

We have experienced a marked increase in clients seeking legal advice on how lawfully and fairly to deal with employees in the workplace who may be […]
April 3, 2021

Social Media in the Workplace

Social media is an inevitable part of our personal and professional lives, with people using various platforms to communicate and share information. There is no denying […]
March 3, 2021

Employment Tax Incentive Abuse Targeted

Chapter C of the Budget Speech delivered by the Minister of Finance on the  24th of  February 2021, under the heading “Curbing abuse in the ETI”, […]
August 12, 2019

Caveat Launches Social Impact Initiative: The Warrior Project

Improving access to the law has been Caveat’s mission from day one. That old saying, “The doors of court are open to everyone, just like the […]
July 31, 2019

Caveat: A History

Having been asked to write a piece on the history of Caveat, I’m struck by the thought that we’ve come far enough to even have a […]
May 26, 2019

The National Minimum Wage: Understanding and Applying it

The National Minimum Wage Act (“the NMWA”) came into effect on 1 January 2019. The purpose of the NMWA is to: improve the wages of the […]
April 30, 2019

Lawyers: Artists or Service Providers?

Historically the legal profession was characterised by many of the same traits as the world of craftsmen or artists. Lawyers perceived their work much as artists […]
March 7, 2019

Retrenchments: Tips for Responsible Employers

Section 189 of the Labour Relations Act provides that, where an employer contemplates dismissing one or more employees for reasons relating to its operational requirements, it […]
February 28, 2019

The Inherent Conflict of Interest in Traditional Legal Practice

Law is about justice and fairness. It really is, I keep telling myself. For me, justice and fairness were the driving force behind years of work, […]
February 13, 2019

Sexual Harassment in the Workplace: Clarity on Employers’ Obligations

Section 6 of the Employment Equity Act prohibits unfair discrimination by any person against an employee and specifically includes harassment as a form of unfair discrimination. […]
May 24, 2017

State Employed Medical Practitioners: Legal Framework for Employment

  All employment relationships, regardless of whether in the private or public sector, are subject to primary labour statutes setting out the basic rights and duties […]
June 18, 2016

Unravelling South African Immigration Law

Introduction There have been a number of changes to South Africa’s immigration law over the past two years, triggered by amendments to the Immigration Act, No. […]
May 26, 2016

The Pitfalls of Engaging a Labour Broker following the LRA Amendments

The introduction of section 198A of the Labour Relations Act 66 of 1995 (“LRA”) in January last year caused uncertainty amongst Temporary Employment Services (“TES”) commonly […]
June 18, 2015

Labour Relations Act Amendment 2014: An Overview of Material Changes

On 18 August 2014, the President of the Republic of South Africa assented to the Labour Relations Amendment Act 6 of 2014 (“Amendment Act”). The Amendment Act […]
February 18, 2015

Material Changes to the New BEE Act

The Department of Trade and Industry has introduced a Broad-Based Black Economic Empowerment Amendment Act, 2013 (‘the BEE Amendment Act’), which fundamentally amends the Broad-Based Black […]
October 4, 2014

Lessons from the Rivonia Primary School Case: How Schools and Education Authorites can Ensure that their Admissions Decisions are Lawful

On 3 October, the Constitutional Court handed down its decision in the Rivonia Primary School case. The Court’s decision comes as a firm reminder to all public schools […]
July 10, 2013

Crafting School Policies that Work: How Schools can Ensure that their Policies stay within the Ambit of the Law

On 10 July 2013, the Constitutional Court ruled in Head of the Free State Education Department v Welkom High School, Harmony High School and Others. This […]
February 14, 2013

Fracking: The Challenge facing our Lawmakers

The pros and cons of hydraulic fracturing, the process of injecting a mixture of water, chemicals and sand under high pressure into the geological formations to […]
February 12, 2012

Effective and Fair Disciplinary Enquiries: Practical Guidelines

Effective and fair disciplinary enquiries have many significant and positive effects in the workplace.  In addition to avoiding the obvious consequences of an unfair dismissal referral, […]

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