Is arbitrariness a sufficient ground to establish unfair discrimination in wage differentiation disputes in terms of s6(1) of the EEA? I Cliffe Dekker Hofmeyr

In Naidoo and Others v Parliament of the Republic of South Africa [2018] ZALCCT 38, 69 employees who form part of the Parliamentary Protection Services (PPS) took Parliament to the Labour Court (LC) for allegedly discriminating against them unfairly on an arbitrary ground as contemplated by s6(1) of the Employment Equity Act, No 55 of 1998 as amended (EEA).

Cliffe Dekker Hofmeyr - Not snitching may get you stitches too: The Constitutional Court decides on duty to rat on fellow employees

Derivative misconduct stems from an employee's failure to offer reasonable assistance to the employer in the detection of those responsible for misconduct. In other words, it is seen as the failure of an employee to adhere to his/her duty to act in the best interests of the employer.

The Constitutional Court restricts the use of derivative misconduct

Derivative misconduct: is where an employee who has knowledge of wrongdoing towards said employer fails to disclose such knowledge to their employer.

The NQF Amendment Act & Fraudulent Qualifications

Cyril Ramaphosa signed into law the NQF Amendment Act 12 of 2019 to help comabt Fraudulent Qualifications in the workplace.

Disciplinary charges are not criminal charges LAC confirms

Employers’ disciplinary processes and procedures are often steeped in formalism and contain elements of a criminal prosecution

Is an employer restricted to the categorisation of the charges during the disciplinary proceedings? Cliffe Dekker Hofmeyr

Procedural fairness in disciplinary proceedings requires an employee to be made aware and understand the charges against him. This is not only to assist the employee in deciding how to plead but also to ensure that the employee understands the case he has to answer.

Cliffe Dekker Hofmeyr - Update: Ladies and gentlemen, it's time to place your (secret) ballots

The requirement to hold a secret ballot before embarking on strike action has been a hot topic of late. Here's a recap: S19 of the Labour Relations Amendment Act, No 8 of 2018 (Amendment Act) requires trade unions (and employers' organisations) to amend their constitutions to provide for secret strike ballots prior to embarking on strike action, in the event that their constitutions do not already provide for this.

Freedom of expression and keeping dismissal at bay

South Africa affords everyone the right to freedom of expression, however, The right to freedom of expression does not operate in a vacuum

Cliffe Dekker Hofmeyr - Vicarious liability of an employer when an employee commits an intentional wrong entirely for his/her own purpose

Since as early as Roman times, it has been the case that an employer is vicariously liable for a wrong committed by an employee during the course or scope of his or her employment. The liability of an employer, however, under circumstances where an employee commits an intentional wrong entirely for his or her own purpose, is a very different kettle of fish.

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Last week I attended the Adobe UnSummit and heard a talk from Michael Helbling that caught my attention. Michael didn’t talk about some new analytics tool, he didn’t even talk about technology, he talked about people. As I’ve reflected on this talk more, I realized that so much of the content we produce in the […]

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Mervyn Christopher McFarland & Anor v Common Australia Pty Ltd (No 2) - NSW Caselaw

Costs Orders in our Client's favour on the ordinary basis until 26 July 2018 and thereafter on an indemnity basis.

How Airlines Handle Crimes at 30,000 Feet

Finding the in-flight perpetrator is straightforward. Punishing them can get complicated.

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Perfecto proffers 'perfected' codeless automation testing

Everything (in software) these days is about automation and low-code, no-code platforms with AI-enriched cloud-based intelligent data analytics services, right? Bringing at least two of those factors together (if not three) this week is web application testing solutionsPerfecto, now a Perforce Software company.

22 Ways to Create Compelling Content When You Don't Have a Clue [Infographic]

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10 Content Marketing Goals Worth Pursuing

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7 Headline Writing Links You Shouldn't Ignore

Writing credible, useful headlines that work is one of the most important -- if not the most important -- ways

Why No One Links to Your Best Posts (And What to Do About It)

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Tired of projects failing? Get the requirements right

Nice article by Matthew Leach on the importance of getting requirements right. 75% of project failures ... can be traced to ... a lack of business analysis to properly align the IT project with the needs of the company and its customers

Embody the Sacred

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Are DAGs the next big thing in crypto?

This means that the thousands of validator nodes around the world all need to store a full copy of the Bitcoin blockchain to confirm transactions. Keeping thousands of copies of such a large file constantly connected to the internet poses a challenge for decentralisation, as it becomes very difficult for independent individuals to participate without costly, dedicated hardware.

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The psychology of deception: How Elizabeth Holmes fooled everyone about Theranos for so long

If we end up with this story and say, it's one bad apple in one industry, that's a bad lesson, behavior expert Dan Ariely tells CNBC Make It. This is about the human condition.

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How the wrongfully convicted are compensated for years lost

Fewer than half the states in the U.S. have compensation funds to reimburse individuals wrongfully convicted, exonerated, and freed


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McFarland & Anor v Common Australia Pty Ltd [2018] NSWDC 489 [Blue Ocean Law instructed Craig Simpson of Counsel for the Defendant/Cross-Claimant]

CIVIL – CONTRACT – MORTGAGE – VENDOR FINANCE – Defendant sold rural land to the plaintiffs and provided a loan of $100,000 to the plaintiffs to be repaid by three equal annual instalments, secured by a requested first mortgage – Default by plaintiffs – Defendant enters into possession of land – Property offered for sale by public auction Whether plaintiffs had a statutory claim against defendant under Conveyancing Act 1919 section 111A(4) Whether the plaintiff’s had a statutory claim under the National Credit Code Claim by plaintiffs that defendant converted possessions to its own use – Chattels and fixtures left by plaintiffs on the land Cross-claim by the defendant for losses sustained by the defendant because of default under the mortgage Cross-claim by the defendant for trespass to defendant’s sheep

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Offset Account: What is a Mortgage Offset Account? | Canstar

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