Radio 702 Live Interview – 22 July 2022
Dominic Steyn and James Horn was interviewed on Radio 702 – Early Breakfast with Africa Melane on 22 July 2022.
Author: James Horn
Posts by James Horn
Copyright Troll Litigation – Some Considerations for Practitioners
There has recently been a spate of so-called ‘copyright troll litigation’ in South Africa in terms of which outrageous sums of money are claimed for alleged copyright infringements for photographs posted online.
The Incompatibility Conundrum
Employees who cause disharmony in the workplace are often found to be ‘incompatible’ with the working environment or corporate culture of the employer. Incompatibility often stems from certain personality traits, personal differences, unacceptable conduct or behavioural problems, causing unwarranted tension and conflict between employees.
Damned if you Do and Damned if you Don’t – An Employer’s Conundrum
Employers often find themselves in an arduous position when disciplining employees for misconduct which either directly involved or affected their customers. Although any disciplinary process usually involves an investigation and analysis of evidence, it is highly unusual for employers to involve their customers in such disciplinary proceedings.
Paternity leave implementation date is imminent – are you ready?
On 27 November 2018 the President signed the Labour Laws Amendment Act into law. It had the effect of amending the Basic Conditions of Employment Act including by introducing Parental Leave, Adoption Leave and Commissioning Parental Leave.
The Constitutional Court restricts the use of derivative misconduct
he concept of derivative misconduct has received a great deal of judicial attention over the last few years. In many instances, charging employees for derivative misconduct is the last resort for employers who are the victims of collective misconduct and who are unable to identify the perpetrators of that violence. In such cases, employees who can identify those who committed the misconduct but fail to do so are dismissed for the breach of their duty of good faith to their employer. This has become known as ‘derivative misconduct’.
Implications of the constitutional court judgment decriminalising the recreational use of cannabis
On 18 September 2018 the Constitutional Court in Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening) (CCT108/17) [2018] ZACC 30 (18 September 2018) handed down a unanimous judgment in favour of the private cultivation and/or use of cannabis.
Resolution of Class Action Equal Pay Disputes
The insertion of the equal pay provisions into the Employment Equity Act in 2014 and the subsequent amendment of the Labour Relations Act in 2015 in respect of equal pay for labour broker employees, part-time employees and fixed-term employees have resulted in a litany of disputes being referred to the CCMA in respect of these issues.
Foreign Nationals & Affirmative Action
As a result of the socio-economic situation in South Africa, many employers are faced with a flood of job applicants whenever a new or vacant position is advertised. Often such job applicants include both South African citizens and foreign nationals who may hold permanent residence.
