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 […]
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. […]
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 […]
UPDATED DIRECTIONS ON COVID-19 VACCINATIONS AT THE WORKPLACE
On 11 June 2021, an update was published in the Government Gazette of the Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces. Every Employer is obliged to conduct a risk assessment and make a decision as to whether it intends to make the Covid-19 vaccination mandatory taking into account the operational requirements […]
Virtual hearings are here to stay
This is the fourth and last article that looks at reasons to proceed virtually. The first article summarised responses from the Supreme Court of Appeal (SCA) and the High Court. The second article recorded what the Labour Court had to say when a union refused to participate in remote consultations. The third article looked at […]
Virtual consultations are valid
This is the second of four articles that look at what happens when parties refuse to participate virtually. In this, the second article, we take a look at what happens when parties refuse to participate virtually in retrenchment consultations. We look at what the Labour Court had to say when FAWU claimed procedural unfairness when […]
Virtual hearing may proceed without parties opposed to it
This is the first of four articles that looks at what happens when parties refuse to participate virtually. This, the first article, summarises responses from the Supreme Court of Appeal (SCA) and the High Court. The second article records what the Labour Court had to say when a union refused to participate in remote consultations. […]
Workplace safety is paramount during pandemic
Dismissal is an appropriate sanction for employees who fail to self-isolate when they have symptoms of Covid-19, or who continue to come to the workplace after having tested positive for the virus. The Labour Court not only confirmed that dismissal was an appropriate sanction when a Covid-19 health and safety policy was breached, but also […]