Reason for Suspension – Misconduct or Lockdown?

Since lockdown started on 27 March 2020, CCMA commissioners have had to determine a variety of issues resulting from the lockdown. In the matter of Bobotjane/Sebvest Financial Services Group /Sebvest Development Africa (Pty) Ltd the CCMA commissioner had to determine whether the interruption of the applicant’s services constituted an unfair labour practice, given that the […]

Observing the principles of fairness during virtual hearings

Since the introduction of lockdown, employers and employees have found themselves in an environment of unprecedented change and uncertainty. Instead of getting up on the morning of Friday, 27 March 2020 to go to work, large numbers of employers and employees were wondering how they could work without going to the workplace. Employers who had […]

Working virtually is liberating

Despite the many downsides brought by the lockdown, the most important upside is probably the fact that it has liberated us from the old 8 to 5 routine – being chained to the workplace, or looking for parking to attend to business obligations outside of the office. Since the start of the lockdown on 27 […]

Virtual hearings are no longer science fiction

Lockdown has taken its toll on the hearing of disputes in general. Like the different courts, the CCMA could not open its doors again until quite recently. To ensure the safety of everyone who attended the CCMA premises, a Standard Operations Procedure (“SOP”) guideline was issued in line with section 27 (2) of the Disaster […]