Toyota SA Motors (Pty) Ltd v CCMA & others [2015] ZACC 40 Background Toyota SA Motors (Pty) Ltd employed Makoma Makhotla in 2006.  Makhotla failed to report for duty from 28 February to 3 March 2011.  When it became evident that Makhotla would be unable to report for duty, he unsuccessfully attempted to locate his…

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Background “After dinner at a guest lodge during a business trip to Botswana, Adrian Simmers (hereinafter referred to as ‘the Respondent’ or ‘Mr. Simmers’) invited another guest, Catherine Markides (hereinafter referred to as “Ms. Markides”) to his room.  Ms. Markides was not a co-employee but an external consultant who worked for Loci Environment (Pty) Ltd. …

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Introduction The Employment Services Act 4 of 2004 (“the ESA”) came into effect on 9 August 2015.  The ESA repeals all the employment services provisions contained in the Skills Development Act 97 of 1998 (“the Skills Development Act”). Section 13 (registration of private employment agencies) of the ESA has been excluded from coming into operation.…

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The Protection of Personal Information Act 4 of 2013 (‘POPI’) was assented to (signed) on 19 November 2013 and Gazetted on 26 November 2013, which means it is now law.  Responsible parties (entities wanting to process personal information) are afforded a one year grace period from the date of commencement to get their house in order. …

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After much speculation and waiting, President Zuma has announced the date on which the Labour Relations Amendment Act 6 of 2014 (‘the Act’) becomes effective.  In terms of section 45 of the Labour Relations Amendment Act 6 of 2014, the Act [excluding that portion of section 37(c) inserting subsection 198(4F) in the Labour Relations Act 66…

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Employment Law Consulting

During the first quarter of 2014, we circulated an article regarding the proposed amendments to the Employment Equity Act (EEA). The long awaited amendments were finally assented to on 14 January 2014. The President has now determined the effective date as 1 August 2014 by Notice in the Government Gazette. In light of the above,…

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E-cigarettes are relatively new on the market (starting in China in 2002) and purport to be offering a tobacco free, smokeless alternative. E-cigarettes market themselves as a harmless, even life-saving, smoking alternative that rely on the inhaling and exhaling of liquid nicotine vapour – referred to as “vaping.” Internationally, health organisations have been decrying the…

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