Laura Macfarlane

Subscribe to Laura Macfarlane's Posts

This blog was co-authored by Caroline Cotton, Candidate Attorney.

Employers to put in place “adequate procedures” to prevent corruption

It has been almost one year since the establishment of the offence of failing to prevent corruption in section 34A of the Prevention and Combating of Corrupt Activities Act, 2004 (PRECCA), which came into effect on…

Whistleblowers play a pivotal role in the fight against and the exposure of corruption, criminal activities and the infringement of human rights. Chief Justice, Raymond Zondo, has remarked that due to the important role played by whistleblowers, it is to be made “the highest priority that a bona fide whistleblower who reports wrongdoing should…

In an October 2022 judgment, the New Zealand Employment Courts concluded that Uber drivers are employees who are entitled to the protection and benefits offered by their employment law.

This decision will encourage voices advocating for the rights of Gig workers globally to be aligned with those of more traditional employees. The Gig economy refers…

This blog was co-authored by Thando Ndita, Candidate Attorney

Last month the Minister of Employment and Labour published proposed amendments to the Employment Services Act, 2014, the purpose of which is to address high unemployment and the “high representation of foreign nationals” in the unskilled sector. Foreign nationals include all persons who…

On 22 April 2021, the Western Cape High Court dismissed, with costs, an application for leave to appeal sought by the Department of Home Affairs against the judgment handed down on 20 November 2020[1]suspending the operation of provisions of the Refugees Act, 1998 and the Regulations until the constitutional challenge to the provisions…

The COVID-19 pandemic has brought to the fore the rights of an employer to insist on the wearing of personal protective equipment (PPE) despite religious objections. For COVID-19 protection, such equipment may include masks, gloves, goggles, face shields, and other forms of protective gear. Ordinarily, the failure to adhere to an employers’ reasonable PPE requirements…

With the rapidly changing legal landscape, employers may be left in the dark around how to ensure they comply with the latest laws and regulations relating to road transport during the national lockdown.

A company vehicle used for the purposes of transporting essential service employees to and from work must be limited to 50% of…