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Telecommuting Policy

Sunday, December 20th, 2009

How will it help you? Nowadays many employees spend a lot of time off-site: on the road, in aeroplanes and many work from home. Whilst working off-site is a way to offer more flexibility and is an effective tool to increase productivity, it can expose the company to new threats: increased likelihood of ...

Computer Usage Policy

Sunday, December 20th, 2009

How will it help you? A large portion of most company business is conducted with desktop computers, laptop computers, personal digital assistants and smart phones ("personal computers") and related equipment (such as memory sticks and CD writers), all of which are invariably owned by the company. Users are given access ...

Email Usage Policy

Monday, November 23rd, 2009

How will it help you? It will protect the organisation in the following ways: reduce potential legal liability in respect of claims by employees or third parties; protect proprietary or confidential business information from unauthorised access or disclosure to third parties; prevent losses (e.g. of data and other proprietary information), errors, and mistakes educate employees ...

Corporate Governance: Index (Part 2)

Thursday, September 10th, 2009

This is an index of some legal resources related to the broad concept of corporate governance, which includes fairness, accountability, responsibility, transparency, and risk management: [Constitutional Court] Sidumo v Rustenburg Platinum Mines Ltd (GF 6778) [Navsa AJ et al, 5.10.2007] [2007] 12 BLLR 1097; 2008 (2) BCLR 158; (2007) 28 ILJ 2405; [2007] ...

Access to Information (PAI Act): Index (Part 2)

Thursday, September 10th, 2009

This is an index of the legal resources related to the Promotion of Access to Information Act 2 of 2000 from 2006 to 10 September 2009 General [Journal Articles] Van Coller, EH De Jure (2006) 39:01:163 - "Transparency and Access to Documents: A General Principle of European Community Law?" Lewis, D ILJ(UK) (2006) 35:324-328 ...

Privacy: Index (Part 2)

Thursday, September 10th, 2009

This is an index of the legal resources related to privacy (especially regards the workplace) from 2006 to 10 September 2009. Electronic communications - email, entrapment, internet, SMS, tapping Refer also to: Evidential aspects Note: See "Code of Practice on the Protection of Workers' Personal Data" [ILO, Geneva, Meeting of Experts on Workers' ...

Will labour broking be banned?

Tuesday, August 18th, 2009

In a labour broking scenario, a temporary employment service (labour broker) employs people who then provide services to a client (person for whom the work is being done).  For example, ICT Labour Broker employs Joe Soap (a computer programmer), who then provides ICT goods or services to Acme Bank Limited ...

Disciplinary Code of Conduct for Employees

Friday, February 20th, 2009

How will it help you? The main purpose of this Code is to fulfil its objects, which are: to engender a culture of care and mutual respect for oneself, fellow employees, work, teamwork, customers and other persons associated with the undertaking and the environment; to ensure that all employees are treated in a ...

Automatically unfair termination

Friday, February 20th, 2009

Know, understand and apply the principles for determining the “dismissals”  regarded as automatically unfair, in the sense that employers are not able to defend any such “dismissals”. Persons who prove: an employment relationship, a “dismissal” and automatic unfairness are entitled to reinstatement, re-employment or compensation, limited to 24 months remuneration. However, strangely if there is proof ...

Employer v Employee: who owns that copyright?

Tuesday, February 17th, 2009

Your employee develops software for (i) his own use to improve his work performance; or (ii) use by the employer. Who owns the copyright in the software? At a first glance, the answer seems obvious: The Copyright Act 98 of 1978 indeed makes provision for this in section 21 (1) (d) ...