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Saturday, November 1st, 2008
Management is responsible for maintaining discipline and will do so in terms of this disciplinary procedure. Apart from exceptional circumstances, and subject to any relevant laws, Management will enforce all standards and rules in the following manner. [private]The Termination Guidelines assist management when applying discipline in ...
Posted in Labour, Subscriber | No Comments »
Friday, October 24th, 2008
Can a company open an employee's email whilst he is away on holiday or out of office?
Section 6 of our monitoring law, the Regulation of Interception of Communications & Provision of Communication-Related Information Act of 2002 (RICA) allows companies to monitor and intercept email provided that it takes place "in ...
Posted in Email, Labour, Monitoring, Privacy, Subscriber | No Comments »
Wednesday, October 22nd, 2008
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:
2005 ONWARDS
[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; ...
Posted in IT Governance, Index of law, Labour, Subscriber | No Comments »
Tuesday, October 14th, 2008
What are the rights of employees who previously carried out services that have been outsourced? Is there any right to consultation or compensation, do the rules apply to all employees within the jurisdiction?
Where services are outsourced, employees' services are terminated due to ‘operational requirements'. This ...
Posted in Goods or Services, Guides, Labour, Outsourcing, Subscriber | No Comments »
Saturday, September 6th, 2008
This is an index of legal resources related to Privacy (especially regards the workplace) as at 6 September 2008.
Electronic Communications - email, entrapment, internet, SMS, tapping
Note: See "Code of Practice on the Protection of Workers' Personal Data" [ILO, Geneva, Meeting of Experts on Workers' Privacy, Geneva 1-7 October 1996] published ...
Posted in Index of law, Labour, Privacy, Subscriber | No Comments »
Saturday, September 6th, 2008
This is an index of the legal resources related to the Promotion of Access to Information Act 2 of 2000 as at 6 September 2008.
General
[EH van Coller De Jure (2006) 39(1) p163 - "Transparency and Access to Documents: A General Principle of European Community Law?"]
[M Richter LDD (2005) 9/2 p219 ...
Posted in Access to Information, Index of law, Information Management, Information Security, Labour, Privacy, Subscriber | No Comments »
Monday, August 25th, 2008
Section 43(5) of the ECT Act requires the supplier in an electronic transaction to "utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned." If a payment system is breached, the supplier must reimburse ...
Posted in Information Security, Labour, Subscriber | No Comments »
Wednesday, July 23rd, 2008
The Labour Court (in Jafta v Ezemvelo KZN Wildlife (D204/07) [2008] ZALC 84 (1 July 2008)) has recently confirmed that you can conclude a contract by email and SMS. This is not really anything new. Since the Electronic Communications and Transactions Act ("ECT Act") came into effect it ...
Posted in Case summaries, Contracting Online, Email, Goods or Services, Labour, Signatures, Technology, eCommerce | 1 Comment »
Saturday, August 25th, 2007
There is direct link between the concepts of "privacy" and "monitoring".
Privacy
The Constitution of the Republic of South Africa of 1996 ("the Constitution") recognises the right to privacy in South Africa as a fundamental right in section 14. It includes the right not to have the privacy of one's communications ...
Posted in Guides, Labour, Monitoring, Privacy, Subscriber | No Comments »
Tuesday, June 5th, 2007
Information Security policies support compliance in many ways.
Vicarious liability
Beyond sensitising employees to the risks posed by technology, information security policies minimise the organisation's exposure to vicarious liability for unauthorised or unlawful acts carried out by employees during the course and scope of their employment.
As a general rule an employer is ...
Posted in Compliance, Information Security, Labour, Subscriber | No Comments »
