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Do employers always need to reinstate employees whose dismissal is substantively unfair?

employment

In certain circumstances, employers in South Africa can dismiss employees for their conduct outside the workplace, particularly if this harms the employment relationship, such as employee performance, or when it harms the employer's reputation.
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Hefty damages and vicarious liability be careful how you handle sexual offences in the workplace

employment

EEA provides potential remedies to an employee that has been subjected to unfair discrimination equal to, or perhaps more far-reaching, than those provided by common law delictual claims.
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Climate change litigation is hotting up

natural resources and environment

In this article we shall deal with these recent decisions as well as with a South African case that has been argued but in respect of which judgement is still pending.
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Lessons from abroad: constructive dismissal, remote working and health and safety concerns

employment

With the third wave of COVID-19 in full swing in South Africa, it has never been more important for South African employers to anticipate and prepare for the various COVID-19 related disputes that may lie ahead.
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POPIA is (still) definitely coming into effect on 1 July 2021

data privacy and protection

There has been much confusion and misinformation circulating regarding the effective date of the Protection of Personal Act, 2013 (“POPIA”).
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Africa Business In Brief

issue 405
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Ground breaking Mauritian decision made on domestic court intervention in international arbitration awards 

international arbitration

JCPC has handed down an important decision on the issue of “illegality” being raised to set aside and resist enforcement of an arbitral award, upon an appeal from the Supreme Court of Mauritius. 
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Can someone in a learnership agreement refer a dispute to the CCMA?

employment

The South African Labour Court recently dealt with the status of a person who had concluded a learnership agreement and the ability of that person to refer a dispute to the CCMA.
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21-day deadline to comply with new vaccination guidelines

employment

Employers are encouraged to conduct their risk assessments within the 21-day deadline and, where applicable, prepare their vaccination plan.
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Does a business rescue plan impact the liability of surety for debt?

dispute resolution

The key issue in a recent case was whether the Companies Act, 2008 extinguishes the liability of a surety for the debt of a company after a business rescue plan has been implemented.
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10 things to know about the Draft Artisanal and Small-Scale Mining Policy 2021

natural resources and environment

The draft policy aims to foster a formalised and sustainable artisanal and small-scale mining industry in South Africa.
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ENSafrica | privacy in brief | compendium

data privacy and protection

ENSafrica | privacy in brief | compendium
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Africa Business In Brief

issue 404
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South Africa's Jukaan Gorge

SA Mining May/June 2021
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Podcast | Key issues and changes in the employment law space in SA | Audrey Johnson

10 Jun 2021
BY Audrey Johnson Business Day Law & Tax Editor Evan Pickworth interviews Audrey Johnson from ENSafrica’s employment department on what the future holds from a labour perspective.

Get your head in the cloud: why businesses should consider cloud migration

technology, media and telecommunications (TMT)

Working from home and other kinds of remote working have become common practice, with many companies adopting cloud infrastructure and technology to ensure business continuity and increased productivity.
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South Africa is now an attractive mining investment destination | Dalit Anstey and Zinzi Lawrence

02 Jun 2021
BY Zinzi Lawrence AND Dalit Anstey ENSafrica Natural Resources and Environment Associate, Zinzi Lawrence and Dalit Anstey sit down and converse about SA being an attractive mining destination.
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Podcast | OFM | A trademark is the most valuable asset that a business owns | Gerard du Toit

04 May 2021
BY Gerard du Toit A trademark is the ‘most valuable asset that a business owns. This is according to Gerard du Toit, a senior associate in the Intellectual Property department.

Podcast | OFM | Copyrights are relevant to all businesses in some form | Waldo Steyn | 15 APR 2021

15 Apr 2021
BY Waldo Steyn ENSafrica exec Waldo Steyn, advises business owners to better educate themselves regarding intellectual property laws and understand how these “assets” can be owned and monetized.

Podcast | Cape Talk | Employers obligations to vulnerable employees before phase 2 of vaccinations | Lauren Salt

11 Mar 2021
BY Lauren Salt Employment exec, Lauren Salt was a guest on the Afternoon Drive with John Maytham on Cape Talk, discussing vulnerable employees and the second phase of the vaccination rollout.

ENSafrica webinar | mines and vaccines: the next step | THU 4 FEB

03 Mar 2021
In this webinar ENSafrica execs explored what mines are doing to achieve health and safety in a COVID-19 world and how mining companies can continue to mitigate and manage the risk of the disease spreading.
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ENSafrica webinar | mines and vaccines: the next step | THU 4 FEB

03 Mar 2021
In this webinar ENSafrica execs explored what mines are doing to achieve health and safety in a COVID-19 world and how mining companies can continue to mitigate and manage the risk of the disease spreading.
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ENSafrica webinar | unpacking the budget speech | WED 24 FEB

02 Mar 2021
Various ENSafrica executives were joined by top economist Iraj Aberdian, Chief Economist: Pan-African Research, for a helpful overview of the proposed tax changes and effects and a fascinating in-depth discussion after the speech.
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ENSafrica webinar | how the Cybercrimes Bill will affect your organisation | THU 18 FEB

02 Mar 2021
ENSafrica executives Ridwaan Boda and Suad Jacobs discuss how cybercrime threatens to derail your business and explain the legal issues and practical implications of the Cybercrimes Bill.
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SOEs: making borrowing and lending safer | TUE 9 FEB 2021

02 Mar 2021
Anina Boshoff, Pippa Reyburn, Vusi Mathebula and Witness Makhubele, explored some of the issues involved in public sector borrowing and lending and will discuss what can be done to limit the risks involved.
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VACCINES AND THE WORKPLACE | JOE MOTHIBI | POWERFM INTERVIEW

02 Mar 2021
ENSafrica Executive Joe Mothibi was a guest on the Power FM power breakfast with Faith Mangope and Iman Rappetti, discussing whether employers can compel employees to take the COVID-19 vaccine

ENSafrica webinar | when data law and competition law intersect

02 Mar 2021
An in-depth and insightful conversation about the increasing intersection between competition law, consumer protection law and data protection law and how it affects you and your business
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Podcast | Business Law Focus | Seeking mining tax certainty

03 Feb 2021
BY Andries Myburgh ENSafrica's Andries Myburgh speaks to Business Law Focus editor Evan Pickworth on what's expected in next month’s Budget and provides key insights on potential corporate and mining tax changes.

ENSafrica webinar | Eskom and Transnet address mining woes

02 Feb 2021
BY Michael Katz AND Mzi Mgudlwa An ENSafrica webinar exploring the pending changes to these highly influential SOEs and what this means for South African mining.
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