Talita Laubscher

2 months ago | themediaonline.co.za | Nadine Mather |Talita Laubscher

Based on the many questions organisations in South Africa are asking their legal advisors, it is clear there are still certain grey areas and misconceptions about the implementation the Protection of Personal Information Act (POPIA). The Information Regulator (IR) has conducted several own-initiative assessments of organisations’ compliance with the provisions of POPIA.

Oct 9, 2024 | polity.org.za | Talita Laubscher

The phrase 'any other arbitrary ground', introduced into section 6(1) of the Employment Equity Act (EEA) in 2014, has been the subject of debate for the past decade. It took ten years, but the debate has finally been settled: ‘any other arbitrary ground’ under the EEA is afforded a narrow interpretation. This is correct, as the wide approach trivialises discrimination and unnecessarily raises suspicion about valid forms of differentiation.

Aug 12, 2024 | lexology.com | Chloë Loubser |Talita Laubscher

OverviewIn the case of WBHO Construction Proprietary Limited v Masenye N.O. and Others, the judge found that the arbitrator’s decision to, effectively, ignore a mutual separation agreement concluded between the parties, and find that the employee had been unfairly retrenched, was reasonable, and dismissed the application for review. This case illustrates why it is important for employers to be cautious when concluding agreements with employees in the context of retrenchments.

Jul 16, 2024 | polity.org.za | Talita Laubscher

Section 23 of the Constitution states that everyone is entitled to fair labour practices. This right is guaranteed for everyone – employees as well as employers. The Labour Relations Act, 1995 (LRA) gives effect to this right and provides, among other things, that every employee is entitled to a fair dismissal and the right not to be subjected to an unfair labour practice. Fair dismissals and fair labour practices are permitted.

Feb 5, 2024 | polity.org.za | Talita Laubscher |Chloë Loubser |Melissa Cogger

On 1 February 2024, the Minister of Employment and Labour published new draft regulations (February 2024 Regulations) dealing with the proposed sectoral numerical targets contemplated in section 15A of the Employment Equity Act, 1998 (EEA) for public comment. This section was introduced by the amendments signed into law by President Ramaphosa on 6 April 2023, which are still to come into effect.