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IOL News
12 hours ago
- Business
- IOL News
What the Eastern Cape High Court ruling means for foreign employee terminations
A law firm looks at the law following a judgment saying employers are not entitled to fire foreign nationals on the spot if they are working without a valid visa. Image: File A foreign national employee must be provided with proper notice of their termination in line with the Basic Conditions of Employment Act (BCA). Failure to provide such notice may result in the termination being unlawful. This is the warning of employment law experts at Cliffe Dekker Hofmeyr (CDH), following a recent Eastern Cape High Court judgment. This was after an application by a research assistant and Zimbabwean national, Samuel Nyakudya. He was granted a temporary residence permit allowing him to reside in South Africa and seek employment in the category of general work as provided for under the Immigration Act. His employer, the OR Tambo District Municipality, however, terminated his employment contract due to allegations of its unlawfulness and irregularity. Commenting on the case, CDH said that this area of termination has just become a lot clearer for employers after the recent ruling, stating that employing a foreign national without a work visa does not automatically grant an employer the right to summarily terminate the employment contract. 'This indicates a key warning for employers highlighting their responsibility to act lawfully and in accordance with the BCA,' CDH said. The experts explained that a foreign national employee must be provided with proper notice of their termination in line with the BCA. 'Failure to provide such notice may result in the termination being unlawful. The dismissal may also be found to be unfair in the CCMA (Commission for Conciliation, Mediation and Arbitration).' Nyakudya was employed on successive fixed-term contracts, but following the expiration of his last contract, the municipality allowed him to continue working without a new fixed-term contract. Throughout his employment, Nyakudya was not consistently in possession of a work visa. In November 2023, the municipality notified him that his contract had expired on March 31, 2022, and that he had failed to provide a copy of his South African identity document, despite being requested to do so. Consequently, the municipality claimed it had no choice but to terminate his employment immediately, citing the unlawful nature of his contract due to the expiration of his work visa. While Nyakudya could have contested the fairness of his dismissal before the CCMA, he opted to challenge the termination in the High Court. The court ultimately ruled that Nyakudya's employment contract termination was unlawful.. CDH said the Immigration Act outlines an employer's responsibilities regarding the employment of foreign nationals, specifically in Section 38, which prohibits the employment of illegal foreigners or those whose status does not authorise them to work. It said the court also referenced Section 49(3) of the Immigration Act, which states that employing an illegal foreigner or a foreigner in violation of the Act constitutes a criminal offence. The court confirmed that such employment is punishable by fines or imprisonment upon conviction. Regarding the summary termination of Nyakudya's contract, the court considered Section 37(1) of the BCEA, which stipulates the notice period required for termination based on the duration of employment. The court highlighted that the purpose of providing notice is to allow employees to prepare for a smooth transition. 'Nyakudya's lack of a work visa or South African identity document was a critical factor in the case. The court determined that employing a foreign national without a work visa is prohibited, and thus, the municipality's immediate termination of Nyakudya's contract was unlawful. 'This case serves as a significant reminder that employing a foreign national without a work visa does not automatically grant an employer the right to terminate the employment contract summarily,' CDH warned.
Daily Maverick
17-07-2025
- General
- Daily Maverick
When it just ain't peachy — can a smiley face land you in HR's inbox?
As the once-innocent smiley face acquires new meanings in the modern workplace, experts urge caution: misunderstanding an emoji could have more serious – or litigious – consequences than you might expect. On Wednesday, 16 July, Cliffe Dekker Hofmeyr (CDH) hosted a webinar featuring a panel of experts – Yvonne Mkefa, director of employment law at CDH; Zakeera Docrat, a forensic and legal linguist; and Anli Bezuidenhout, director of employment law at CDH – who explored the evolving role of emojis in workplace communication, including their legal implications and the importance of cultural sensitivity. This conversation was especially timely given how rapidly digital language is growing: every year, a fresh batch of nearly 60 emojis joins our digital space. What once seemed like harmless, playful icons are now shaping, and sometimes complicating, the fabric of workplace communication. One careless thumbs-up or cheeky wink can set off a chain reaction of confusion, awkwardness or even HR intervention. Decoding emojis at work This raises the question: what do emojis really mean in the workplace – and why do they matter? In the modern workplace, emojis can be loaded with unspoken meaning, risk of misinterpretation and even serve as evidence in sensitive investigations. Decoding emoji etiquette in the workplace Before you send that peach, thumbs-up or a red heart in a professional chat, this is what you need to keep in mind: Context is everything: The same emoji can mean very different things depending on the conversation, the relationship between participants, and the ongoing dynamics of the group; Volume matters: You can't draw firm conclusions from just a handful of WhatsApp messages or emails. Analysing emoji use in workplace disputes often requires looking at a larger batch – think 10 to 20 messages in chats or several substantial emails – to properly gauge intent and pattern; Initiators influence meaning: Notice who first introduces emojis (especially personal ones like hearts or the peach) in a professional context. The shift from strictly work-related icons to more casual or suggestive ones can signal changing intentions or boundaries; Cultural and personal sensitivities: Something as trivial as a fruit emoji can be misconstrued. Even shades or choices of emoji (peach vs plum) can unintentionally raise complex issues, including perceived bias or exclusion; Patterns over single actions: It's not just about one emoji. Frequency, timing (day or night) and engagement (full sentences vs single icons) all form part of the bigger picture and can signal anything from avoidance to inappropriate attention; and Evidence in investigations: Deleting messages or emojis to 'cover tracks' can complicate or undermine workplace investigations, making context and record-keeping vital. Patterns in emoji use have been pivotal in sexual harassment and bullying cases. Workplace complexities 'We are often confronted with WhatsApp chats as evidence of either a relationship or communication that may have been inappropriate,' Bezuidenhout said, highlighting the serious implications behind seemingly casual digital exchanges. These factors can make or break the interpretation of emojis in workplace interactions. 'Sometimes, a peach emoji can spark more drama than a full paragraph,' said Mkefa. These issues become even more critical in sensitive cases like sexual harassment or bullying. Mkefa noted that 'even the time of day a message is sent can matter'. While Docrat suggested that employers refer to websites like Emojipedia to provide employees with quick access to emoji meanings and consult forensic linguists for deeper insight, research shows that emoji meanings are heavily influenced by generational and cultural factors. A smiley face might communicate sarcasm to Gen Z, but sincerity to older workers, illustrating why misunderstanding emojis can easily escalate workplace tensions. Legal complexities This discussion takes on greater urgency in light of the controversial case involving Eastern Cape Judge President Selby Mbenenge, who faces sexual harassment allegations after sending a series of texts that included suggestive emojis – including peeled bananas, eggplants, peaches and guavas – to a female employee, Andiswa Mengo. During the tribunal hearings, Mbenenge acknowledged sending some of these emojis but denied that they were intended as explicit or harassing, describing their use as playful or flirtatious. Beyond everyday misunderstandings, these digital nuances carry significant legal weight, demanding expert interpretation and carefully crafted policies. 'If we look, even at the colleagues interpreting the emojis, you have to have a background expertise in the semiotics of law,' said Docrat. She further explained that cultural and linguistic context plays a crucial role, noting that analysing or interpreting emojis cannot be separated from the context in which they are used. While it might seem logical to enforce a uniform policy on emoji use in the workplace, Docrat said that creating a 'one-size-fits-all' rule simply isn't practical. Each organisation has its own unique culture, communication needs and sensitivities, which means any guidelines for digital communication – including emojis – should be tailored to its specific context and regularly reviewed to keep up with evolving language and team dynamics. Navigating these complexities to foster respectful and clear workplace interactions requires more than just good intentions, it requires expert insight such as in the forensic and legal fields. 'We must also accept that things develop. New emojis are going to be introduced… We need to look at how we are going to deal with it,' Mkefa said. DM
Yahoo
14-06-2025
- Science
- Yahoo
Specially trained dogs embark on critical mission to protect Hawai'i: 'This is awesome'
There's a new task force taking to the rainforests of Kaua'i, the westernmost island of the Hawaiian archipelago. A team of dogs is being trained to sniff out a palm tree-killing invasive species, the coconut rhinoceros beetle. "We're so excited to get our CRB detection dog program going on the island of Kaua'i," Conservation Dogs of Hawai'i (@conservationdogshawaii) wrote. "CRB is a highly invasive species that negatively affects palm trees as well as native plants," explained CDH, which is a local organization that uses trained service dogs to help fight the loss of biodiversity in Hawai'i. "Humans and dogs have been working together for over 20,000 years facing untold challenges of survival on every continent, in every climate, in feast and in famine. We have come this far together," CDH stated on its website. The dogs have been instrumental in detecting and removing invasive species because of their remarkable olfactory senses. In an ongoing project on O'ahu to eradicate the extremely invasive devil weed, the dogs have been very effective. "We have been impressed with the dogsʻ ability to lead their handlers to plants that are visually obscured by thick vegetation or distance (up to 90 meters away)," CDH reported. The dogs are trained to recognize the scent of the beetles and guide their handlers to them for extermination. This method helps farmers and gardeners avoid using pesticides to treat these insects. The invasive beetle has not infested all of the Hawaiian islands, the CRB response team said: "Their range in the Hawaiian Islands is currently limited to O'ahu, certain parts of Kaua'i, and recently found on Maui and Hawai'i Island." "This highly invasive species is not as widespread there as it is on O'ahu so there's still a chance to make a difference," CDH said. "This is awesome!" one commenter wrote. "Congratulations! So excited for you," another said. "I love that you guys are doing this," someone else stated. "I just chatted with an owner of a nursery this weekend who's so frustrated with the CB and he didn't know this was available." CDH responded, "Put them in touch with us and we can partner with them to survey their nursery soon." If you're feeling inspired, there are plenty of ways to take local action to tackle invasive species in your region. Volunteers are instrumental to removing invasive species, and even the smallest effort can make a big difference. Should we be actively working to kill invasive species? Absolutely It depends on the species I don't know No — leave nature alone Click your choice to see results and speak your mind. Join our free newsletter for good news and useful tips, and don't miss this cool list of easy ways to help yourself while helping the planet.
Irish Daily Mirror
22-04-2025
- Health
- Irish Daily Mirror
Over €30k raised for six-month-old baby battling rare life-threatening condition
Over €30,000 has been raised to support the family of a six-month-old baby from Co Galway who has spent more than half his life in hospital battling a rare and life-threatening condition. Rían Ó Márta was born last October with a condition called Congenital Diaphragmatic Hernia (CDH), which occurs when the diaphragm – the muscle that separates the chest from the abdomen – fails to close during prenatal development. This allows abdominal organs, such as the stomach, intestines, and/or liver, to move into the chest. When the abdominal organs are in the chest, they can crowd the heart and lungs and keep the lungs from growing normally and can lead to breathing complications after the baby is born. Rían's parents, Siobhán and Joe, first learned of their son's devastating diagnosis at their 20-week scan. Due to the severity of Rían's condition, doctors gave him a very low chance of survival without intervention. In a bid to give their son the best possible outcome, Siobhán and Joe travelled to Leuven in Belgium, where they spent six weeks so Siobhán could undergo a highly specialised and delicate procedure called FETO surgery. Fetoscopic endoluminal tracheal occlusion (FETO) is a surgical procedure to treat the most severe cases of (CDH) that are diagnosed in utero which involves a balloon being placed in a fetus's trachea to improve lung development. The procedure was a success, and thanks to it, Rían was given a fighting chance at life. Since his birth, Rían has spent over 150 days in Crumlin Children's Hospital in Dublin, where he continues to face ongoing and complex medical challenges as a result of CDH. Siobhán and Joe's friends have a launched a GoFundMe page in a bid to raise money to help ease the financial strain faced by the couple as they continue to care for their newborn. "[Rian] has shown incredible strength and resilience, but his journey is far from over," a message shared on the fundraising page states. "While staying in Dublin to be close to their baby boy, Siobhán and Joe have also had to manage being apart from their three-year-old daughter, Saoirse, who is being lovingly cared for by family back home in Galway. "This long and emotional road has brought with it a huge financial strain - including travel, accommodation, time off work, and daily living costs. We are asking for your help to ease that burden, so Siobhán and Joe can focus fully on what matters most: being there for Rían as he continues to fight. "Every donation, no matter how small, will make a real difference to this family. Please consider supporting them if you can, and help spread the word by sharing this campaign." The fundraising campaign has already help raise over €32,500 within 24 hours of being launched and those interested in making a donation can do so here.
Irish Independent
22-04-2025
- Health
- Irish Independent
Fundraiser for Galway baby with rare life-threatening condition raises over €30,000 within hours
Rían Ó Márta was born in October 2024 and has been forced to spend over 150 days in Crumlin Children's Hospital in Dublin, battling a condition called Congenital Diaphragmatic Hernia (CDH). The condition causes the baby's abdominal organs to move into the chest, preventing the lungs from developing properly and causing breathing difficulties and further complications after birth. Launched on April 22, the fundraiser has already raised over €30,000 to support Rían's parents, Siobhán and Joe, and ease the financial strain as they balance staying in Dublin with caring for their three-year old daughter in Galway. According to the GoFundMe page, the condition was first discovered during a 20-week scan, with Rían given a 'low chance of survival without intervention'. His parents travelled to Belgium to undergo a specialised in-utero procedure, which ultimately proved to be a success. Now, with a fighting chance at survival, something once described as 'almost impossible', Rían's journey to full health is 'far from over' as he continues to face challenges related to his condition. In a message on the donation page, the fundraising organisers, Micheal Ó Dubháin and Barbara Kilmartin explain the purpose of the vital funds for Rían's family. 'While staying in Dublin to be close to their baby boy, Siobhán and Joe have also had to manage being apart from their three-year-old daughter, Saoirse, who is being lovingly cared for by family back home in Galway. 'This long and emotional road has brought with it a huge financial strain - including travel, accommodation, time off work, and daily living costs. We are asking for your help to ease that burden, so Siobhán and Joe can focus fully on what matters most: being there for Rían as he continues to fight. 'Every donation, no matter how small, will make a real difference to this family. Please consider supporting them if you can and help spread the word by sharing this campaign.' You can donate via the 'Help Baby Rían Ó Márta Fight CDH' GoFundMe page or by clicking here.
