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 […]
Virtual hearings are valid
This is the third of four articles that looks at what happens when parties refuse to participate 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 […]
Resignation to Avoid the Chopping Block
The moot question as to whether an employer may lawfully proceed with and conclude disciplinary proceedings against an employee, post-resignation, before the end of the employee’s notice period, is now settled. What was known as a trite legal position was disturbed in the Labour Court matter of Kalipa Mtati v KPMG Services (Pty) Ltd . […]