Vallarie Yiega

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South Africa: Cross-border employment arrangements - who has jurisdiction?

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.
South Africa: How far must an employer go to reasonably accommodate an employee’s religious convictions?

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.
Kenya: Application of new custom duty rates on certain products imported into the country

Jul 11, 2024 | bowmanslaw.com | Ariana Issaias |Nazeera Mia |Tamara Dini |Vallarie Yiega

On 30 June 2024, the East African Community Council of Ministers (the Council of Ministers) published Gazette Notice Volume AT 1 – No. 18 (the Gazette Notice) whose effect is to impose customs duties on certain products imported into Kenya that were previously not subject to duty or vary the customs duties applicable on certain imports. The changes are with effect from 01 July 2024.
Kenya: Stay compliant by renewing your data protection registration certificate

Jul 10, 2024 | lexology.com | Ariana Issaias |Vallarie Yiega

OverviewThe Data Protection Act was enacted in 2019 (DPA) and shortly after, the Data Protection (Registration of Data Controllers and Data Processors) Regulations (Registration Regulations), came into effect in 2021 creating procedures for the registration of data controllers and data processors that are established in Kenya or process personal data of data subjects located in Kenya.