Every COVID –19 arbitration turns on its own facts

It is now trite that the Regulations issued in terms of the Disaster Management Act require employees who have been exposed to someone who has tested positive, or who has personally experienced COVID –19 symptoms, must go for a test and self-isolate while waiting for the result. It is equally trite that deliberately exposing others […]

QUANTIFYING COMPENSATION FOR UNFAIR DISMISSAL

The LRA provides the following remedies for an unfair dismissal: The employer to reinstate the employee on the same terms and conditions of employment before the dismissal. The employer to re-employ the employee, which may be on new terms and conditions of employment. The employer to pay compensation to the employee. If compensation is granted […]

Excluding the unvaccinated from public amenities is fair discrimination

The Bill of Rights provides that everyone is equal before the law and that this equality includes the full and equal enjoyment of all rights and freedoms. The Minister of Health, Joe Phaahla, announced on 2 September 2021 that the government hoped to put into place a plan in terms of which everyone who has […]

COVID-19 protocols impose obligations on employees

Deep into its second devastating year, daily reports from different parts of the world show that it is well-nigh impossible to control the rapid pace at which the latest COVID-19 variant, known as the Delta variant, is spreading. It is a fact that the developing law has been and still is outpaced by the coronavirus. […]

You snooze you lose! Forfeiture of accumulated leave

For the few companies whose employees have managed to accumulate leave despite the past year of lockdowns and riots, it is prudent to undertake the exercise of monitoring leave accumulation. This can become a burdensome and onerous liability for an enterprise, if not managed appropriately. The catalyst of the debate over whether employees forfeit accumulated […]

Employers’ rights when coping with COVID-19 at the workplace

The facts show that the world is in the grip of COVID-19. Since 27 March 2020 some employers have had no choice but to close their doors for periods during the height of the coronavirus waves. Others were compelled to place employees on leave or to allow some employees to work from home. Meetings were […]

Right to refuse a vaccination is not cast in stone

Governments worldwide face the same dilemma: Do existing human rights prevent them from compelling their citizens to be vaccinated via legislation? There is much uncertainty as to whether the Directions which were issued in June 2021 entitle South African employers to introduce mandatory vaccination at the workplace, as the Bill of Rights states at s […]

No legal requirement yet for mandatory vaccinations

There has been much controversy since the Minister of Employment and Labour issued the revised Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces (the “Directions”) on 11 June 2021. In some quarters these Directions have been interpreted to mean that employers are now entitled by law to subject employees and independent contractors to […]

Failure to refer timeously? Case dismissed!

It is not often that one comes across the Latin maxim, “vigilantibus non dormientibus lex subvenit”, which translates to, “You have delayed in prosecuting your case, therefore, your case must be dismissed.” This maxim has been used to launch applications to have a dispute dismissed due to inordinate delays caused by the applicants in prosecuting […]

A Week from Hell

The unprecedented protest action, looting and destruction encountered in KwaZulu-Natal and parts of Gauteng recently has shaken the country to its core. Amongst the hapless victims of this damage and destruction have been many employers who have lost their businesses, some of them razed to the ground. In some instances employers will be able to […]