employment law

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A JOINT EMPLOYMENT RELATIONSHIP? – NADIRA DEONARAIN
Thursday, April 17, 2008
The tri-partite relationship Our law recognises the concept of a temporary employment service (“TES”). Section 198 of the Labour Relations Act 66 of 1995 (“the LRA”) provides, in relevant part, as follows:

OFF DUTY MISCONDUCT – TO DISCIPLINE OR NOT TO DISCIPLINE – KAREN FULTON & EVA MUDELY
Monday, April 07, 2008
Generally, what an employee does after work hours is of no concern to his employer, who has no right to institute disciplinary proceedings against an employee unless it can be shown by the employer that it has some interest in the conduct of the employee outside the workplace.

LIMITATION CLAUSES IN AUDITORS’ SERVICE AGREEMENTS WITH PENSION FUNDS – DAVID GERAL
Thursday, March 27, 2008
Consumers of services provided by auditors are accustomed to clauses in the standard service agreement limiting the auditors’ liability for certain services. Typically auditors’ standard service agreements provide that the maximum liability of the auditors in respect of services other than “statutory” audit services (described below) shall be limited to a multiple of the fees charged for those non-audit services.

TIMING IS MONEY – DAVID GERAL
Wednesday, March 26, 2008
When employees are transferred between retirement funds following the sale of business between their former employer and their new employer, those employees could end up losing out on investment returns, sometimes due to their own ill-informed choice, and the seller’s fund could be exposed unnecessarily to claims from transferring employees who are no longer its members. Companies and fund trustees should take care to avoid those consequences to the extent that they can.

LABOUR LINGO BY KAREN FULTON AND EVA MUDELY
Monday, March 17, 2008
POPIA, EEA, COIDA, OHSA…….Huh? South African labour law is highly regulated and we employment lawyers often speak in acronyms when it comes to labour legislation. This article contains a simple layman's guide to some of the labour legislation lingo that lawyers use.

21 MARCH, THE DOUBLE PUBLIC HOLIDAY AND THE OBLIGATION TO GRANT EMPLOYEES AN EXTRA DAY – EVA MUDELY AND JASON BRICKHILL
Monday, March 17, 2008
Among others, the Public Holidays Act 36 of 1994 prescribes that Human Rights Day and Good Friday are public holidays and indicates that Human Rights Day falls on 21 March of each year and Good Friday falls on the Friday before Easter Sunday in each year. In 2008, both Good Friday and Human Rights Day fall on 21 March 2008. This raises a number of difficult questions.

PUBLIC HOLIDAYS – THE LEGAL IMPLICATIONS OF 21 MARCH 2008 – EMMA WHITELAW AND BOB VON WITT
Monday, March 17, 2008
This year, on the 21st of March, both Good Friday and Human Rights Day will fall on the same day. As the Easter Weekend approaches, increasing uncertainty exists as to the legal implications, for both employers and employees, of this double public holiday. What are these implications and what are the possible solutions to this unusual scenario?

TRUST OR NOT TO TRUST: WHAT IS RELEVANT TO A BOARD OF TRUSTEES – MICHELLE DAVID
Thursday, March 13, 2008
The ability of the board of trustees of a pension fund to effect payment to a trust on behalf of a minor dependant has once again come to the fore, in the recent case of AK Kowa v Corporate Selection Retirement Fund & Liberty Life the Pension Fund Adjudicator has once again moved the goalposts for trustees.

EMPLOYERS BEWARE! EXERCISE CAUTION WHEN DRAFTING DISCIPLINARY CHARGES - KAREN FULTON & EVA MUDELY
Monday, February 18, 2008
Disciplinary charges must be drafted with great caution – an important lesson that emerges from a recent Labour Appeal Court decision in Edcon Ltd v P C Reddy & Others (Case No. DA4/06).

WHAT HAPPENS WHEN A PUBLIC HOLIDAY FALLS ON A SUNDAY?
Tuesday, January 15, 2008
When dealing with the effect of public holidays on your business, one must have regard to the Public Holiday Act, 1994 (“the Act”). The Act specifies twelve days as public holidays. When dealing with the effect of public holidays on your business, one must have regard to the Public Holiday Act, 1994 (“the Act”). The Act specifies twelve days as public holidays. In addition, the Act provides that whenever a public holiday falls on a Sunday, the following Monday is deemed to be a public holiday.

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