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Legal Guide Released to Tackle HIV/AIDS Stigma and Discrimination

South Africa has over the years developed a progressive legal and policy framework to protect human rights for all people living with HIV and AIDS. However continued stigma and discrimination often remain barriers to accessing treatment and efforts to fight the epidemic must be accompanied by a solid commitment to respecting the human rights enshrined in our Constitution.

A new handbook, published by LexisNexis South Africa, aims to facilitate easy access to the law relating to HIV and AIDS in South Africa. This, it is hoped, will aid in fighting injustice against people living with and affected by HIV and AIDS.

HIV and the Law in South Africa: A Practitioner’s Guide includes extensive contributions from a number of the foremost practitioners and theorists in the field. It is edited by leading law, public health and human rights champion, Amelia Vukeya Motsepe.

While aimed at legal practitioners working in this crucial area of public law, the book’s simple, user-friendly approach is also set to appeal to NGOs, charities, healthcare professionals and students of law and medicine.

Writing the foreword for HIV and the Law in South Africa: A Practitioner’s Guide, Constitutional Court of South Africa Justice Edwin Cameron said lawyers had played a significant role in protecting and promoting human rights and justice for people living with HIV and those affected.

“Clients with HIV turn to lawyers when their privacy has been violated, their bodies bruised, their rights trampled on, their medical needs denied. Serving these clients effectively demands knowledge of areas of law that probably remain unfamiliar to many lawyers, particularly those in private practice,” he said.

Moreover, the South African legal fraternity’s growing culture of pro bono work now sees attorneys supplementing standard commercial work with human rights volunteerism in which they fight against injustice and inequality on behalf of the vulnerable within society.

This means that in order to promote transformation in this space, the legal profession, including the judiciary, must be suitably trained and empowered around human rights related issues pertaining to HIV/AIDS.

HIV and the Law in South Africa: A Practitioner’s Guide aims to help role-players navigate this complex terrain, through a comprehensive taxonomy covering: Constitutional, Legislative and Policy Framework on HIV in South Africa; HIV Testing, Confidentiality and Informed Consent; Access to Health Care Services for People Living with HIV; The Management of HIV in the Workplace; Insurance Law and HIV; Social Grants (Support) for People Living with HIV; Women and HIV: Protecting the Health and Rights of Women and Girls; Children and HIV: Safeguarding the Rights and Interests of Children; The Rights of Inmates Living with HIV: Access to Treatment and Prevention; Access to health Care For Foreign Nationals; Wrongful Transmission of HIV: Criminal and Civil law Perspective; and The Science and Medicine of HIV.

The book is supported by LexisNexis South Africa in line with the company’s global purpose of helping clients to uphold the Rule of Law.

About the Editor

Amelia Vukeya Motsepe has extensive consulting experience in Law, governance, public health and human rights. She was previously employed as an Assistant Program Manager at the Open Society Initiative for Southern Africa’s (OSISA) HIV and AIDS program and the Law and Health Coordinator for the Open Society Foundation’s Public Health Programme. Her work included managing the OSISA /LAHI Core Grant Initiative, a multi-year initiative to provide institutional support and capacity strengthening to six leading law, HIV and AIDS and human rights organisations in Southern Africa. Amelia holds a Bachelor of Laws degree from the University of the Witwatersrand and a Master of Laws degree (“LLM”) from Georgetown University Law Center in Washington D.C, U.S. (“Georgetown”).

Employment Relations: Back to Basics

As a business scientist who provides strategic thought leadership and facilitates strategies across all sectors of the economy and state, I have found that people practices always feature as the key enabler of the organisation. As a business doctor with organisations being my ‘patients’, I am confronted, without exception, with the need for organisations to deal with the A to Z of people practices as demanded by their business strategies. In some instances, the lack of productive people practices become so dire and debilitating that the organisation becomes literally sick in more ways than one.

Well-meaning HR and Labour Relations Practitioners are keen to bring about change but are desperately looking for how to do it – and to do it right. Which makes me wonder, and respectfully question, what is covered in the syllabi of undergraduate programmes and even short courses which come two to the dozen.

But then managing the employment relationship is not just an HR or a Labour Relations issue. It is the responsibility of leadership … period!

As a practitioner working with executives from within their boardrooms (and being group chairman of an IT company and on other boards), I embraced being a contributor to Employment Relations: Back to Basics without hesitation because I know exactly what is needed out there.

Employment Relations: Back to Basics is an introductory work to employment relations. Employment relations as an overall integrative concept for human resources management, industrial relations and labour/employee relations set the parameters for a better competitiveness ability in the global village. This book should be on the desk for daily consultation by every leader in the organisation and should be the standard textbook for any labour relations; human resource management; industrial psychology and, in fact, any commercial programme.


Employment Relations: Back to Basics is published by LexisNexis South Africa. This and other legal titles are available at LexisNexis Store. For more information, visit http://www.lexisnexis.co.za/store/za/

About the author
Jacobus Slabbert is an international specialist in employment relations management. He has authored 18 hard copy employment relations or subject related textbooks. He is also the creator of an international e-book series on employment relations.

LexisNexis Launches ‘Rules of the CCMA and the Labour Courts, 4th Edition’

The CCMA Rules were substantially changed with effect from 1 April 2015. Twenty-nine Rules were amended and four new rules added. New Arbitration Guidelines on Misconduct were also issued by the CCMA to promote consistent decision-making in arbitrations dealing with dismissals for misconduct. These came into effect on 1 April 2015. The fourth edition of the LexisNexis South Africa publication, Rules of the CCMA and the Labour Courts, attempts to simplify the use and understanding of the new rules and provides commentary from an expert author who explains in detail how the new guidelines are applied in court.

The A5 publication contains not only the Rules of the CCMA, but also those of the Labour Court and Labour Appeal Court, as well as the Practice Manual of the Labour Court. Reference is made to decided cases while practical hints assist with application and clarity regarding CCMA and court practices.

The new Arbitration Guidelines on Misconduct deal with how an arbitrator should:
• Conduct arbitration proceedings
• Evaluate evidence for the purpose of making an award
• Assess the procedural fairness of a dismissal
• Assess the substantive fairness of a dismissal
• Determine the remedy for an unfair dismissal

Rules of the CCMA and the Labour Courts with explanatory notes, 4th edition, (ISBN: 9780409124101) is available through the LexisNexis online bookstore at a cost of R 355.68 including VAT, excluding delivery. It can be viewed online at:
https://store.lexisnexis.co.za/categories/law/labour-law-131/rules-of-the-ccma-and-the-labour-courts-skuZASKU9780409124101/details

About the Author:

Professor Marion Fouchè (B Iuris, LL B, NHD PSE) is a senior CCMA Commissioner and accredited CCMA facilitator/trainer. Marion is also a conciliator and arbitrator for various public and private sector Bargaining Councils like Tokiso and Equillore. She is a professor of Labour Law and an advocate of the High Court.

AUTOMATIC TERMINATION CLAUSES MIGHT NOT BE LEGAL


You can inadvertently guarantee a temporary employee further employment

According to sections 193 and 194 of the Labour Relations Act (LRA) the awards and orders that can be made against the employer for unfair dismissal are as follows:

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INSUBORDINATION NOT ALWAYS DISMISSIBLE


Item 3(4) The Code of Good Practice: Dismissal (the Code) lists some examples of offences that might merit dismissal even in the absence of prior warnings. Included in this list is the offence of “gross insubordination”. ‘Insubordination’ means ‘refusal to recognise the superiority or authority of the position of a person higher up in the organisation hierarchy’.

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