Faculty of Commerce, Law and Management (ETDs)

Permanent URI for this communityhttps://hdl.handle.net/10539/37778

Browse

Filters

2023 - 20242

Settings

Subject: search.filters.subject.Remote work

Search Results

Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    Remote work and employee privacy in South Africa law
    (University of the Witwatersrand, Johannesburg, 2024) Sibanyoni, Aaron Bonginkosi
    In South Africa, the right to privacy is guaranteed in the Constitution, and is given effect by the Protection of Personal Information Act (POPIA) and protected by other pieces of legislation. This research looks at remote work and employee privacy under South African law. The right to privacy, which is a human right that employees must also enjoy. However, the right to privacy impacts the employer’s right to manage the business enterprise in a remote working setting. Therefore, the research explores the concept of control and subordination, which are central to the employment relationship. The employee is subordinate to the employer; otherwise, there would not be a contract of employment. These characteristics of control and subordination are drastically diminished by the employee’s right to privacy and consequently impact negatively on the employer’s entrepreneurial control. Employers should take note that it is not the “activities” of the employee that matter but the “purpose” of monitoring, which must be balanced with the rights and interests of both parties in the employment relationship.1 South African law does not adequately deal with the issue of employee privacy in the context of remote work. South Africa can draw lessons from jurisdictions where this aspect of the law has been significantly developed. These jurisdictions include EU countries such as Germany, France and the UK. In the US, protection of privacy is based on liberty which requires a person to prove the expectation of privacy to enjoy the protection and therefore individualistic in nature, while in the EU it is based on dignity as a fundamental right which gives the power of individuals to control information about themselves and therefore communal.2 The research explores these two analytical approaches and argues that the South African Constitution elevates human dignity and has been confirmed by the Constitutional Court in AmaBhungane Centre for Investigative Journalism NPC v Minister of Justice and Correctional Services (Media Monitoring Africa Trust) and a related matter 2021 (4) BCLR 349 (CC)(Amabhungane). Thus, it should be the yardstick as in the EU countries instead of the US culture. This research makes a proposal for South Africa to adopt legislation or a Code of Good Practice on remote work and employee privacy.
  • Thumbnail Image
    Item
    The impact of work from home and hybrid mode on cybersecurity practices in South Africa
    (University of the Witswatersrand, Johannesburg, 2023) Pather, Ravashalin
    As the trend of work-from-home and remote work grows in South Africa, adopting adequate cybersecurity measures and evaluating the human aspect of security perceptions is critical in protecting organisational information and maintaining corporate integrity. Over the past two decades, cybersecurity has been viewed from technological perspective of protecting networks and information assets, this study invokes the behavioural and social concerns, and how this affects an organisation’s cybersecurity strategy in South Africa. Covid-19 and the lockdown rules triggered a national emergency, compelling a considerable proportion of South Africa's workforce to embrace a work-from-home culture. While this study began during the lockdown, leaders at large enterprises in South Africa are adopting a more hybrid way of working permanently, due to the subsequent benefits. This study aimed to evaluate employee behaviour when working environments are suddenly affected by work-from-home policies and how an employee’s behaviour transposes to a different location. The overarching question was: How has cybersecurity behaviour in South Africa manifested during work-from-home policies and what are the determinants that force correct cybersecurity compliant behaviour?. Four key factors (“Subjective Norms & Response Efficacy”, “Attitude & Perceived Vulnerability”, “Self- Efficacy” and “Perceived Severity”) were identified and combined into a new framework based of two theoretical frameworks (The Theory of Planned Behaviour and Protection Motivation theory). This study utilised a quantitative cross-sectional design using a structured closed questionnaire that was distributed electronically. The data collected from 186 participants were analysed using Exploratory factor analysis, correlation analysis and multiple regression. Overall, “Subjective Norms & Response Efficacy” emerged as a significant and most influential predicator of “Cybersecurity Compliant behaviour”. “Attitude & Perceived Vulnerability”, “Self-Efficacy” and “Perceived Severity” were insignificant. It is apparent that there is a positive perception of correct Cyber security practices amongst South African organisations however there is a recommendation for future research, due to the diversity of organisational leadership in both the private and state-owned entities, to provide a better understanding of security compliant behaviour