In the employment context POPIA covers all personal and special personal information that an employer (referred to as a ‘responsible party’) might have about job applicants, employees and former employees (referred to as ‘data subjects’).

Aside from the adverse economic, health and social impact of the Corona crisis on people generally, employers are also confronted by complex legal issues and facing several employment challenges after lockdown.

People may no longer be prosecuted for cultivating, possessing and using small amounts of dagga for private purposes. But what are the consequences for the workplace?

It's a well-known fact that an employee who is suspended pending a disciplinary hearing is entitled to be paid. What's not so well known, is that the employee could claim additional compensation if the suspension is regarded as unfair.

An employee resigns with immediate effect after receiving notice of a disciplinary hearing. May the employer proceed with the hearing?

Dismissing an employee for poor work performance is more challenging than dismissing an employee for misconduct.

A distinction must be drawn between temporary and permanent incapacity as a result of ill health.

Is a contractual notice period of use to the parties in an employment relationship?

The Labour Relations Act (LRA) has twelve sections devoted, in effect, to protecting employee’s jobs and to the imposition of extremely stringent obligations on employers contemplating the dismissal of employees.

Where employees don’t do what is expected of them, the employer is often faced with a practical dilemma: Do I treat this as misconduct or incapacity?