Section 60 of the Employment Equity Act may not be all that well-known. But it should be. It can have severe consequences on any employer that fails to take sexual harassment complaints seriously. Section 60 effectively provides that when an employer becomes aware of a sexual harassment allegation, the employer must consult with all relevant parties and take “necessary steps” to eliminate the perpetrator’s conduct. The employer’s failure to do so may render it liable to pay rather hefty damages to the complainant. Read More.....

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I signed a JV Agreement a year ago. My business associate is now trying to get out of the agreement. He says the agreement isn’t valid because I didn’t get two witnesses to sign under my signature. Can I get two people to sign the contract now before he officially cancels?

Firstly, as a general rule, you do not need witnesses to enter into a valid contract. So just because you didn’t get witnesses to sign the JV Agreement doesn’t necessarily mean that the agreement isn’t valid. Read More.....

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With South Africa finally emerging from the mayhem of the last few months, many companies are knuckling down to doing business in the vastly different post-Zupta era. With court-cases galore, and scores lining up to become state-witnesses in return for saving their own skin, it has become clear that palm-greasing is no longer an acceptable business practice. Gifting a business colleague with a luxury German car is more likely to land you a jail cell than a sales order. Many questions are being asked about how the business will be conducted differently going forward. Company gift policies should feature prominently in any company’s post-Zupta Q & A sessions. Read More.....

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With South Africa’s unemployment rate soaring and job growth plummeting, it’s little wonder that job-seekers get more desperate with every rejection. After each futile interview, the CV gets tweaked and fine-tuned to ensure that the next one will go better. Unfortunately, several job-seekers fail to observe the line between stretching the truth and re-writing it all together. Exaggerating the status of your previous position is one thing. Fabricating your qualifications is a whole different ball-game. But fake “graduates” beware. As the following case shows, your actions are unlikely to curry favour with our courts. Read More.....

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To find more customers I send marketing brochures to email addresses that I get from a database supplier. I received a really angry response from someone saying that I’m committing a crime by breaking some law called “Poppy” and that she’s going to report me because she never gave me consent to send her emails. Is this seriously a thing?

Actually, yes – POPI is a “thing”. The Protection of Personal Information Act requires you to ensure that the consumers you market to have given your consent before you send them your brochures. If you don’t have consent you can contact them once – to ask for consent. If they decline then you can’t include them in your mailing lists. You can, however, market to consumers with whom you have transacted with before provided that you’re marketing similar products and services to what they received from you in the past and that you give them the opportunity to effortlessly unsubscribe at any time. POPI is not yet in effect, which means you’re in the clear at the moment. But it’s a good idea to start reviewing your processes and getting your consents in place so that you’re ready when the Act is finally operational. Read More.....

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