Join us for a four-part webinar series as our US moderators welcome colleagues from around the globe to share the latest labor and employment law updates and trends. US-based multinational employers with business operations in Asia Pacific, Europe, the Middle East and Africa, and the Americas regions will hear directly from local practitioners on the major developments they need to know, and come away with practical tips and takeaways to implement.

The South African Department of Finance has published Directive 8 on the compulsory screening of employees for competence and integrity. Failure to comply means that such businesses will risk sanction, including a fine of up to ZAR 50 million. Accountable institutions must record how the screening has been conducted and keep records of the outcome of such screening, which must be made available to the Financial Intelligence Centre upon request. It has been stipulated that screenings should begin as soon as possible.

The most precious commodity in any workplace is a thriving and happy workforce. Employees want to know they are working in a role that provides not only personal meaning, but that the business is fulfilling its responsibilities to society and the environment. Employers, including those in the mining sector, that are able to correctly identify the right mix of workforce policies available to them and then find ways of accommodating and communicating with their staff to create meaning, purpose and well-being for them, are at a strategic advantage when it comes to attracting and retaining valuable talent.

The Constitutional Court in South Africa recently clarified the application of the doctrine of common purpose in the employment law context. The Constitutional Court answered the question as to whether an employer may apply the doctrine of common purpose to dismiss employees for misconduct where the employees were spectators to a violent assault during an unprotected strike. This decision has implications for employers who intend to dismiss employees for these reasons.

In our four-part Navigating the World webinar series, US moderators welcomed colleagues from around the globe to share the latest labor and employment law updates and trends impacting US-based multinational employers with business operations in Europe, the Americas, the Middle East and Africa, and Asia Pacific, including:
• the impact of the current social and political climate on multinational employers
• New significant legislative developments
• Inclusion and diversity (I&D) advancements and trends
• Best practices for a flexible workforce, addressing remote and hybrid work

The settlement of employment disputes include, as standard practice, the addition of a confidentiality clause to settlement agreements. However, what happens when an employee breaches such an agreement by disclosing confidential information during legal proceedings or where the information pertains to wrongdoing by the employer? The Labor Appeal Court in South Africa recently considered this matter.

Join Baker McKenzie for a four-part webinar series as US moderators welcome colleagues from around the globe to share the latest labor and employment law updates and trends. US-based multinational employers with business operations in Europe, the Americas, the Middle East and Africa, and Asia Pacific regions will hear directly from local practitioners on the major developments they need to know, and come away with practical tips and takeaways to implement.

The Minister of Employment and Labour in South Africa has recently published three important legal developments affecting South African employers and employees – the Draft National Labour Migration Policy and Employment Services Amendment Bill, the Code of Practice for Managing Exposure to Sars-CoV-2 in the Workplace 2022, and the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.

Slapping a colleague at an event is grounds for dismissal in most jurisdictions. Employee conduct at social gatherings and events generally does not escape the reach of their employer’s right to discipline and terminate for cause. In South Africa, the recently published Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (“Code”) guides employers and employees in managing harassment at work and clarifies that the use of physical force or power is a form of harassment, albeit not its only manifestation.

The Labor Appeal Court in South Africa recently considered the binding nature of confidentiality agreements in the workplace. Both employers and employees should note that the courts will consider each case on its merit and will consider the scope and reach of the agreement, and the substance of any disclosure that breaches this undertaking.