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Articles by Tshepo Mofokeng
Profile Cloning On Social Media: Anatomy Of A Modern Confidence Scam And How To Defend Yourself
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. Visibility is the very currency of social media, yet that visibility also furnishes criminals with the raw material for a fast-growing form of fraud: profile cloning. South Africa Media, Telecoms, IT, Entertainment
OPINION | Integrated public transportation will bridge inequality gap in Gauteng
An integrated public transportation system can address these disparities by providing a cohesive and reliable network that connects underserved areas with economic hubs, says the writer. In the sprawling urban landscape of Gauteng, SA’s economic powerhouse, the challenge of public transportation has become increasingly prominent. Gauteng, which includes Johannesburg, Tshwane and Ekurhuleni, is a region marked by economic opportunity juxtaposed with stark inequality.
When Is It Considered "Just And Equitable" To Stay Arbitration Proceedings
Section 158(1B) of the Labour Relations Act ("LRA") prohibits the Labour Court from reviewing any decision or ruling made during conciliation or arbitration proceedings conducted under the aegis of the Commission for Conciliation, Mediation and Arbitration ("CCMA") or any bargaining council before the issue in dispute has been finally determined by the CCMA or the bargaining council. However, the Labour Court may intervene if it is of the opinion that it is "just and equitable" to do so.
Is It Unfair To Dismiss Employees Who Reject Vertical Bumping?
In Porter Motor Group v Karachi ("Karachi"), the Labour Appeal Court ("LAC") set out the principles of bumping in retrenchments. It held that the Last In First Out ("LIFO") principle is considered a fair selection method as it prioritises those employees who have served the employer for a longer period of time. It also accepted the principle of "bumping".
Unprotected Strikes - Can Employees Raise Provocation As A Defence?
In South Africa, participating in an unprotected strike constitutes misconduct, warranting disciplinary action. However, item 6 of the Code of Good Practice: Dismissal makes it clear that this does not mean that dismissal will necessarily be justified. The Code lists several factors that may be considered in deciding whether dismissals will be fair. One of these factors is whether the strike was “provoked” by the employer's conduct. If this is the case, dismissals may be deemed unfair.
Common Purpose Doctrine Strikes Again: Labour Court's Judgment On Collective Misconduct In Protected Strikes
In National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others (Casual Workers Advice Office as Amicus Curiae), the Constitutional Court accepted that the doctrine of common purpose could find application in disciplinary matters. This doctrine holds that a person may be guilty of a disciplinary offence even if they did not commit the deed that constituted the offence.
Workplace Safety: Is It A Disciplinary Offence To Come To Work While Sick?
In DHL Supply Chain (Pty) Ltd v Sauls F N.O. and Others, the Labour Court ("Court") was called upon to determine whether, amongst others, it was fair to dismiss an employee who knowingly and deliberately exposed others at the workplace to a life-threatening virus. Although the facts arose in the context of the COVID-19 pandemic, the principles that the court outlined have much wider application to employment relationships generally. We unpack them below.
Workplace safety: Is it a disciplinary offence to come to work while sick?
In DHL Supply Chain (Pty) Ltd v Sauls F N.O. and Others, the Labour Court (“Court”) was called upon to determine whether, amongst others, it was fair to dismiss an employee who knowingly and deliberately exposed others at the workplace to a life-threatening virus. Although the facts arose in the context of the COVID-19 pandemic, the principles that the court outlined have much wider application to employment relationships generally. We unpack them below.
The Private Use Of Cannabis, Workplace Testing Policies And Discrimination
In the wake of the landmark decision in Minister of Justice and Constitutional Development and others v Prince and others ("Prince III") which resulted in South Africa's legalisation of the private use of cannabis, the interaction between the right to use cannabis for cultural purposes and workplace testing policies is still a burning issue. This was one of the issues the Labour Court had to delve into in the recent decision in Marasi v Petroleum Oil and Gas Corporation of South Africa.
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