David Opijah

Nov 22, 2024 | bowmanslaw.com | Chloë Loubser |Pascale Towers |David Opijah |Vallarie Yiega

Cross-border employment arrangements are commonplace as human mobility, technology and globalisation have become more fluid. These engagements can often result in an employee being present and performing services in one country, whilst the employer is present in a different country. Further complexities arise when an employee is ’placed’ by an Employer of Record or temporary employment service (TES) at a client in another jurisdiction.

Nov 19, 2024 | bowmanslaw.com | David Opijah |Vallarie Yiega |Jerry Kaapu |Amandla Makhongwana

In terms of section 187(2)(a) of the Labour Relations Act 1995 (LRA), a dismissal based on unfair discrimination may be fair if the reason for dismissal is based on an inherent requirement of the particular job. In the matter of Sun International Management Limited v Sayiti (JA 13/23) [2024] ZALAC 52 (21 October 2024) the Labour Appeal Court (LAC) had to consider this defence in the context of an employee’s religious beliefs, which prevented him from performing weekend work.

Oct 23, 2024 | bowmanslaw.com | Chloë Loubser |Mili Soni |Ariana Issaias |David Opijah

What should employees do if they feel like they are experiencing bullying or any other form of harassment in the workplace and what duties do employers have in this regard? 1. An employee who feels bullied (Complainant) should first establish whether the conduct experienced amounts to bullying.

Jun 11, 2024 | bowmanslaw.com | Amandla Makhongwana |Jerry Kaapu |Taria Khaoma |David Opijah

Introduction: With Kenya often representing innovation, cultural, creative ingenuity, and technical advancements, understanding the regulatory and commercial landscape in relation to intellectual property rights is increasingly critical.  IP rights are territorial, which means that they are generally afforded protection in the country where the intellectual property is registered and/or used.