Course 9 - Legislation's effect on your Company and its management

Module 1 : Protection of private information Act 9 of 2009

• Introduction
• Medical and pension fund information/screening, criminal and debt information, pre-employment screening and private electronic information
• How must employers protect the private information of employees?

Module 2 : Regulation of interception of communications and provision of communication related information Act 70 of 2002

• Introduction
• What is a communication for the purpose of RICA?
• Can you intercept a communication?
• How does that relate to personal emails and telephone calls?
• Can an employer use it in evidence in disciplinary hearings?
• Can you record a person's conversation without their consent?
• Is it a breach of privacy?

Module 3 : Promotion to access of information Act 2 of 2000

• Introduction
• What information can you claim?
• Why do you want to claim information
• How to claim information?
• Why do you want to claim information?
• When can a company refuse information?

Module 4 : Prevention and combating of corrupt activities, Act 12 of 2004

• Introduction
• Obligation on companies and directors to disclose criminal activities

Module 5 : Protected disclosures Act 26 of 2000

• Introduction
• What is a protected disclosure?
• How to make a PD
• When is it not a protected disclosure?
• Automatic unfair dismissals and protected disclosures
• How to deal with protected disclosures during disciplinary proceedings

Module 6 : The Companies Act, 71 of 2008, the Companies Amendment Act 2011 and the Regulations to the Companies Act

• Introduction
• The fiduciary duty of the directors.
• Personal liability of directors

Module 7 : Examples and legislation

• CD provided as part of the presentation