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Articles by Suemeya Hanif
When Reporting Lines Change: Constitutional Court Clarifies The Test For Constructive Dismissal
Suemeya Hanif’s articles from ENS are most popular: in Africa ENS are most popular: within Accounting and Audit, Cannabis & Hemp and Consumer Protection topic(s) The Constitutional Court of South Africa has delivered a significant, albeit divided, judgment in Maleka v Boyce N.O. and Others, reaffirming the stringent requirements for establishing a constructive dismissal under section 186(1)(e) of the Labour Relations Act 66 of 1995 ("LRA").
Commencement Of The Employment Equity Act Amendments
On Thursday, 28 November 2024, the Government Gazette published a proclamation by the President of the Republic of South Africa confirming the commencement of the Employment Equity Amendment Act 4 of 2022. On 1 January 2025, the following sections and schedules of the Employment Equity Amendment Act will come into operation: 1.
Is Condonation Simply A Formality? Understanding The Criteria For Success In The Labour Court And Other Tribunals
E ENS More ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda. The Rules Regulating the Conduct of the Proceedings of the Labour Court, as well as the Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration ("CCMA") South Africa Litigation, Mediation & Arbitration
Is condonation simply a formality? Understanding the criteria for success in the labour court and other tribunals
The Rules Regulating the Conduct of the Proceedings of the Labour Court, as well as the Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration (“CCMA”), provide that the Court or the CCMA may, on good cause shown, condone non-compliance with any period prescribed by these rules.
The Plague Of Delay Tactics In Disciplinary Hearings And Frivolous Court Applications.
In George v Nyoka and Others, the Labour Court was confronted with yet another attempt by an employee to avoid and delay his disciplinary hearing. In this case, the applicant, Mr George, was employed in a senior position by the respondent municipality as the Director of Community Services. On 4 August 2022, the applicant was served with a notice to attend a disciplinary hearing to answer several charges of gross dishonesty.
Don’t have an “app”cident: SA and UK authorities crack down on employers for personal information breaches through apps
The need to protect personal information is becoming increasingly prevalent worldwide, and the consequences for failing to do so are becoming more stringent. Recently, the UK's Information Commissioner's Office (“ICO”’) reprimanded the Surrey and Sussex Police for data protection breaches that resulted from using cell phone apps that automatically recorded all incoming and outgoing telephone conversations and saved them onto staff members' mobile devices.
UNFAIR DISMISSAL OP-ED: Discrimination on religious grounds based on requirements of the job is fair, CCMA rules
UNFAIR DISMISSAL OP-ED The CCMA has ruled against a Muslim pharmacist who wanted exemption from the ‘bare-below-the-elbow’ anti-infection dress protocol at the hospital where she worked.
A Reminder That Consistency Is Key For Employers When Dealing With Harassment In The Workplace
In UTU obo Nel/Transnet Port Terminals, Cape Town, an arbitrator appointed by the Transnet Bargaining Council found an employee guilty of a single instance of harassment and nevertheless awarded the reinstatement of the employee. Background This award was decided shortly after the new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace came into force.
The Perils Of Non-Compliance With The Labour Court Practice Manuals In Review Applications
South Africa: The Perils Of Non-Compliance With The Labour Court Practice Manuals In Review Applications 09 December 2021 ENSafrica Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
OP-ED: Beware of using company resources for private communications in the era of Popia
(Photo: Unsplash / Brett Jordan) In terms of the Protection of Personal Information Act, an employer may monitor and intercept communications on a company device and, if the employee is using their own device, communications sent and/or received using the employer’s telecommunication systems. Suemeya Hanif is an executive in the employment department of law firm ENSafrica. Nicole Gabryk is an executive in the firm’s dispute resolution department.
6 critical PoPIA compliance steps to take before 1 July
The eleventh hour is upon businesses who are not Protection of Personal Information Act (PoPIA) compliant. The effective date of 1 July is upon us. Photo by Scott Graham on Unsplash Securing your data will help your business be in good standing with local and international partners. This will also enhance the reputation of your business and exempt you from fines and non-compliance. Here are six steps your business can take before 1 July to be PoPIA compliant: 1.
When your boss is allowed to read your emails in the era of PoPIA
When the Protection of Personal Information Act (PoPIA) comes into effect fully from 1 July 2021, there are some areas of possible dispute that could arise between employers and employees, including the monitoring of employee emails. Photo by Brett Jordan on Unsplash In a recent Constitutional Court judgment in Turkey, the personal data protection rights of an employee were considered and could provide some guidance as to how a similar situation may be handled in a South African context.
Personal Data Off Limits? Employee Privacy And The COVID-19 Vaccine
South Africa: Personal Data Off Limits? Employee Privacy And The COVID-19 Vaccine 16 March 2021 by Balindile Shezi , Suemeya Hanif and Jessie Moore ENSafrica Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. As employers consider whether and how to implement a COVID-19 vaccination policy in the workplace, their employees' privacy is also an important consideration that should be front of mind.
Whistleblower Law Won't Protect Those Abusing It To Avoid Their Own Misconduct
To print this article, all you need is to be registered or login on Mondaq.com. South Africa's Protected Disclosures Act, 2000 ("PDA") offers protection for employees who are whistleblowers, and who make "protected disclosures", namely those that provide information exposing criminal or other irregular conduct in the workplace.
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