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Supervening Impossibility in the Employment Relationship: When Work Becomes Impossible
Employment contracts are built on reciprocal obligations: The employee undertakes to make their services available, while the employer undertakes to remunerate the employee. But what happens when an unexpected event makes it impossible for one of the parties to perform? In South African law, the answer may lie in the …
Why Buyers Are Asking Manufacturers about POPIA
A few years ago, a procurement questionnaire from a large retailer or Original Equipment Manufacturer (OEM) was mostly about price, capacity and quality certifications. Today, somewhere in that same questionnaire, you’ll find a new question: “How does your organisation protect personal information?” If you’re a manufacturer wondering why a customer’s …
When does different treatment become unfair discrimination?
Discrimination in the workplace is a term that is often used quite loosely. An employee receives a smaller increase than a colleague, is overlooked for a promotion, is subject to a requirement that another employee is not, or discovers that someone doing similar work earns more, and the immediate conclusion …
What POPIA Expects When Guest Information Changes Hands
A single booking can pass through a reservations platform and a payment gateway, often with an overseas cloud provider behind them, before the guest has arrived. Guests rarely see those hand-offs. They hold the business they booked with accountable for every one of them, and in many cases so does …
Psychological Safety is a Legal Issue
Psychological safety is often discussed as a leadership value or employee wellness objective. In the South African workplace, however, it should also be understood as a compliance, governance, and operational risk concern. When excessive workloads, bullying, chronic understaffing, or an “always available” culture cause psychological harm, the consequences may extend …
Incapacity Dismissal: The Limits of Accommodation
Managing incapacity is one of the more difficult tasks confronting an employer. The employee may be genuinely ill, injured, or disabled and therefore not blameworthy, while the employer must still maintain productivity, manage costs, and protect other employees from carrying an indefinite additional workload. While the law does not require …
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The New CCMA Rules Explained
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The Legal Limits of Workplace Monitoring
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