South Africa: Honesty is the best policy when it comes to sick leave

In a recent Labour Court judgment in the case of South African Revenue Services vs CCMA and Others, the Court found the dismissal of an employee who was dishonest about his sick leave, to be substantively fair. In reaching its decision, the Court made reference to the Woolworths v CCMA and Others case where an employee was dismissed after he applied for sick leave and but it was later established that he had travelled to support his local rugby team.

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South Africa: The applicability of s 197 of the LRA in the context of expiring (non-exclusive) service agreements

In the recent matter of Mobile Telephone Networks (Pty) Ltd and Others v CCI SA (Umhlanga) (Pty) Ltd and Others, the Labour Appeal Court (LAC) found that section 197 of the Labour Relations Act, 1995 (LRA) did not apply to the lapsing of the services agreement between MTN and CCI SA (Umhlanga) (CCI) in circumstances where two other existing service providers continued to provide call centre services to MTN.

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South Africa: Allocation of water use entitlements – ecological versus empowerment considerations

On 19 May 2023, the Department of Water and Sanitation (DWS) published Draft Regulations which have generated significant comment and controversy and the DWS has already walked back on some of the more controversial proposals. The Regulations Regarding the Procedural Requirements for water use license applications and amendments (Draft Regulations) were published for public comment for a period of 60 days (to 18 July 2023). If the final version is published in the current form, the Draft Regulations would have far-reaching consequences for all industries and not only the agricultural sector which has strongly objected to the Draft Regulations.

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