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South African Labour Law Prevents Employers From Accessing Employees’ Facebook Accounts

Labour Law Rules!Online social networking is a murky issue in the office; but South African labour laws are clear – employers are not allowed to request access to employees’ Facebook accounts.

This issue is currently under investigation in America, after it came to light that employers in the US were demanding that employees hand over their social networking passwords.

However, in the following article for IT Web, it is made clear that the South African Labour Relations Act protects employees from divulging private information that has no bearing on their job. Labour Law Rules!, edited by Marié McGregor and Adriette Dekker, clears up further questions relating to laws and regulations in the workplace.

South African labour legislation prohibits employers from demanding social media usernames and passwords from employees.

This is according to Johan Botes, director in the employment practice at Cliffe Dekker Hofmeyr business law firm, who says in light of the recent controversy surrounding the issue in the US, South Africans should know they are protected.

“Employers in SA may not unfairly discriminate against employees or applicants for employment on a number of grounds listed in Section 6 of the Employment Equity Act 55 of 1998 ( EEA). These grounds include race, gender, pregnancy, sexual orientation, HIV status, political opinion, conscience, language, religion and similar grounds,” says Botes.

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  • eBook: Labour Law Rules! by Mpfariseni Budeli, Ernest Manamela, Tukishi Manamela, Clarence Tshoose, edited by Marié McGregor, Adriette Dekker
    LWB
    eBook type: PDF
    EAN: 9781920025489
    PDFDownload this eBook at LittleWhiteBakkie.com

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Introducing the Third Edition of CCMA: A Commentary on the Rules by Peter Kantor

CCMAThe third edition of CCMA: A Commentary on the Rules, an established and handy guide to the Rules of the CCMA, reproduces the newly published Guidelines on Misconduct Arbitrations in terms of the Labour Relations Act, updates the law and commentary on the Rules, and also includes a useful Practical Guide for an Unfair Dismissal Claim in the CCMA.

Furthermore, the book provides valuable insurance against tripping up on technicalities. It explains the Rules of the CCMA in non-legal language.

Each Rule is fully reproduced and then explained in non-legal language, in line with the original aim of the CCMA – making it accessible to the layperson and freeing it from the legal technicalities that bedevilled the old Industrial Court.

The book is intended both for commissioners and professionals, as well as for the non-professional user of the CCMA, as a guideline on how to tread in what is often perceived as the province of lawyers. It is therefore not a technical legal text, with references and citations.

About the author

Peter Kantor holds a BCom and an LLB (1984) and an Advanced Diploma in Labour Law (1990) from the University of Cape Town. Formerly a director of a Cape Town firm of attorneys, where he specialised in labour law, he now runs a legal consultancy, Kantor Legal Services CC, in Cape Town. He also practices as an advocate and is the chairperson of the Environmental Law Association of SA.

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Video: Tumi Murombo Evaluates the State of Environmental Law and Compliance in South Africa

Wild LawAssociate professor Tumi Murombo of Wits University School of Law, spoke to Polity.org about the state of environmental legislation and compliance in South Africa.

Although he believes that the country’s environmental law is improving, Murombo says that industries still consider environmental compliance as an “afterthought”. It is not implemented as part of their project cycle from the outset. This is a challenge that Murombo says still needs to be addressed:

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Domestic Workers Report Grievances with Julius Malema

Employing a Domestic WorkerTwo of Julius Malema’s domestic workers – gardener, Joseph Mabuza, and house-keeper, Rebecca Masia – have reported grievances with the suspended ANC Youth League president to The Star newspaper.

According to The Star, Mabuza, has not been paid his wages for the past two months and Masia was served her notice on the same night that Malema accused president Jacob Zuma of being a dictator. Perhaps Malema would have benefited from reading André van Niekerk’s Employing a Domestic Worker….

A gardener who works on Sundays for axed ANC Youth League president Julius Malema claims he has not been paid for two months, and is owed R1 200.

Joseph Mabuza contacted The Star – through another one of his employers, who he had asked for help – complaining that Malema had failed to pay him his wages for February and March.

Malema has denied the claim.

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Photo courtesy SABC

@SiberInk Twitter Weekly Updates

  • Ecologic Institute says 3 qualities characterize a sustainable city: Process must be 1. Democratic 2…. http://t.co/2AsD5flo #
  • A wonderful project centred on Cape Town's water resources, but with much broader implications. http://t.co/tIK1WCiT #
  • Dispute Settlement Advisory Council (DISAC) and the National Accreditation Board for Family Mediators (NABFAM)… http://t.co/guJFFp0o #
  • Employers Hesitant to Fire Workers for Absenteeism Due to Confusion over Labour Law http://t.co/WFnlY2aM #
  • Zim govt says it now owns 51% of foreign mining assets. http://t.co/0KSizeGt #
  • Jimmy Manyi says Cabinet can ride roughshod over Nedlac. Good thing they're accountable. I'm comforted. http://t.co/UW8RqASM #
  • Chartered Accountants (SAICA) come to the rescue of Further Education & Training (FET) colleges. http://t.co/9UdCTg40 #
  • Should we be looking at solar boosting coal energy instead of replacing it? http://t.co/0zJn3Ja9 #
  • Excellent overview of the Secrecy Bill. http://t.co/AGP8HtkO #
  • How local activism can and must be used to preserve critical resources and heritage. A lesson from Mexico. http://t.co/Aj8wWJcm #
  • Going green isn't only for the living – you can also plan a green burial. http://t.co/hpNqNihu #
  • Dept of Labour not letting lack of agreement stop the push for passage of new legislation. http://t.co/kWrXLEWY #
  • US union bankrolled SA Union's bid to stop Walmart-Massmart deal. http://t.co/ZfLP4zPs #
  • And thus is the word of Wild Law scattered far and wide…. http://t.co/1oMMQQzu #
  • Looking back on Rwanda's community courts: is there justice for rape victims? http://t.co/BESom0Rk #
  • How can business & society learn an integrated approach to the seemingly separate problems that beset us? http://t.co/lAS43QyE #
  • Indonesian quake sparks major tsunami scare. http://t.co/oFsr0n8K #
  • Siber Ink salutes Women's Legal Centre for providing a vital service. http://t.co/sDkoSk0M #
  • Judgment hits police in the pocket after failure to protect Limpopo mine from unlawful strike. http://t.co/BcgX49cv #
  • NUM and steel giant ArcelorMittal appear to be headed on collision course. http://t.co/NwldgLdo #
  • Looks like ABSA want to export jobs to India and eastern Europe to save money. What do you think? http://t.co/xmHdsKof #
  • Press releases http://t.co/sEizCRvQ #
  • Cormac Cullinan Contributes to Peter Burdon's Exploring Wild Law http://t.co/AaWdtYKV #
  • Touris market up in 2011 as Asian and German tourists flock in. Not bad considering 2010 was a high base year… http://t.co/sW0kFd96 #
  • World trade growth to slow for second successive year in 2012. http://t.co/fKUCjYkL #
  • Watch Siber Ink for a forthcoming title on International Economic Law. #
  • Platinum strikes have massive negative impact on mining output. http://t.co/cU5gL6Pq #
  • Conference to discuss mines nationalisation in SA. http://t.co/EIGx7HLw #
  • Adrienne Rich: it's been a while, and much has been written, but that is no reason to stop reminding ourselves… http://t.co/KNqU4ZsX #
  • A bit dated, but I'm amused by how our Louis seems not to know if his house is East or West. http://t.co/MiaW7SmM #
  • Google's revenues up, but search queries down, which must surely worry them a tad…. http://t.co/3kfW8CZA #
  • I suspect even the saintly are suppressing a muffled laugh over N Korea's missile debacle. http://t.co/zSm5ccFL #
  • Just 'cos you're super-rich doesn't mean you get to run the country – tenderpreneurs please note. http://t.co/iQFDw0EK #
  • So you have your doubts about climate change?? Logic won't be kind to the sceptics. http://t.co/1Q275fLY #