POPIA and the Disclosure of an Employees Vaccination Status

Date: September 2021 LABOUR BRIEF NO. 443 The Protection of Personal Information Act 4 of 2013 (POPIA) provides for the protection of personal information processed by public and private bodies. Whilst POPIA defines personal information, it also creates another category termed ‘special personal information’. POPIA defines ‘personal information’ as information relating to: Living natural persons…

But You Were Employed!

Date: August 2021 LABOUR BRIEF NO. 442 Understanding whether attaining employment after a dismissal precludes an employee from receiving full back pay. Does the fact that a dismissed employee obtained employment immediately after their dismissal preclude them from receiving full back pay as a consequence of a finding that their dismissal was unfair? This is…

Beware who disciplines and dismisses a deemed employee

Date: August 2021 LABOUR BRIEF NO. 441 Many employers are all too aware of the potential pitfalls associated with engaging deemed employees, i.e., employees who earn less than the annual earnings threshold set by the Minister of Employment and Labour from time to time, which is currently R211,596.30 and who, in terms of section 198A(3)(b)…

An employer’s recourse to lockout and appoint replacement labour

Airline Pilots Association of South Africa (ALPA-SA), as represented by the South African Airways PilotsAssociation (SAAPA), a branch of ALPA-SA obo Members v South African Airways (SOC) Limited andOthers (J398/21) ZALCJHB 57. The Applicant, Airline Pilots Association of South Africa (ALPA-SA), as represented by the South AfricanAirways Pilots Association (SAAPA) represents about 89% of…

Addressing POPIA prior authorisation – the Information Regulator issues a Guidance Note for applications for prior authorisation

Closely following its statement on WhatsApp’s proposed changes to its privacy policy, the Information Regulator (IR) has published a Guidance Note (on 11 March 2021) regarding the application for prior authorisation, which elaborates on the process to be followed by businesses who are currently processing or intend to process personal information which is subject to…

The employees’ right to disclosure of an investigation – report during CCMA proceedings

Are employees entitled to disclosure of an investigation report which forms the basis of the charges against them during CCMA proceedings? The Labour Court was called to answer this question in the recent judgment in South African Sports Confederation and Olympic Committee (SASCOC) v Commission for Conciliation, Mediation and Arbitration and Others (JR 2642/2019) …

POPIA regulations are coming into effect and the guideline on the codes of conduct is published fines

To: TESD – Temporary Employment Services DivisionMembers Date: March 2021 LABOUR BRIEF NO. 436 On 26 February 2021, the Guideline to Develop Codes of Conduct (Guideline) was gazetted and notice was given that Regulations issued in terms of the Protection of Personal Information Act 4 of 2013 (POPIA) are coming into effect. In relation to…

THE IMPORTANCE OF ACCREDITATION OF TEMPORARY EMPLOYMENT SERVICE PROVIDERS

As a result of skills shortages, fluctuating workloads, the changing nature of the workplace, and contingency requirements, an increasing number of companies in the metal and engineering industry are making use of Temporary Employment Service Providers provided by our members.  While TES Providers provide an important service to the industry, compliance to the relevant legislation…

COIDA Amendment Bill: A changing work order – employers beware of administrative fines

Amendments encapsulated within the Compensation for Occupational Injuries and Diseases Amendment Bill (the Bill) have introduced harsher penalties to be levied upon employers regarding unlawful conduct in connection with workers’ compensation. In light of an over-crowded court roll, employers will no longer face criminal sanctions by a court of law. These sanctions will instead be…

Cross Examination is a Right

At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out…