Employment and Labour Law

26
Aug

A Million Rand Warning: Act When Employees Reach Retirement Age

Article courtesy of Law Dot News | Employment Law & Labour Law Act When Employees Reach Retirement Age “Retirement is for people who don’t like their jobs” (Paul McCartney) Many employees reaching “retirement age” (often set at 60 or 65) are not ready to retire. Perhaps they need to carry on earning an income, often they are fit and healthy
Read more
27
Jul

Employee Looting and Strike Violence: When Is Dismissal Fair?

Article courtesy of Law Dot News | Employment Law & Labour Law Employee Looting and Strike Violence: When Is Dismissal Fair? Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers need to take action, but with care. Addressing firstly
Read more
27
Jul

Violence and Looting – Can You Sue SAPS?

Article courtesy of Law Dot News | Delict & Civil Claims Violence and Looting – Can You Sue SAPS? “When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below)
Read more
28
Jun

R4m Damages for a Workplace Sexual Assault

“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from judgment below) Our courts do not tolerate any form of sexual assault or harassment in the workplace and a recent High Court decision confirms the danger to both employees of engaging

Read more

27
May

Dismissed: The Butcher Who Went to Work With COVID-19

Article courtesy of Law Dot News | Employment & Labour Law Dismissed: The Butcher Who Went to Work With COVID-19 “The facts of this case are indeed extraordinary. They are indicative of the need for more to be done at both the workplace and in our communities, in ensuring that employers, employees, and the general populace are sensitised to the
Read more
25
Apr

Employers: Beware the “Casual Worker” Myth!

Article courtesy of Law Dot News – Employment & Labour Law Employers: Beware the “Casual Worker” Myth! Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA). Failure to comply with these Acts, whilst perhaps tempting to many
Read more
25
Apr

Companies: Are Restraints of Trade Valid in a Time of Covid?

Article courtesy of Law Dot News - Business Law Companies: Are Restraints of Trade Valid in a Time of Covid? “For him to be forced out of a career of choice to start working in a different field at a time when many businesses are closing down, retrenchments and lay-offs being commonplace and individual[s] doing everything possible to survive and
Read more
29
Mar

Can an Employee Who Refuses Vaccination be Fired?

Article courtesy of Law Dot News | Labour Law Vaccination Can an Employee Who Refuses Vaccination be Fired? “This virus is unprecedented in our lifetime and requires an unprecedented response” (António Guterres, UN Secretary-General) Most of us will celebrate the day we are offered a COVID-19 vaccination, but here in South Africa as overseas it seems inevitable that a significant
Read more
29
Mar

Domestic Workers and Employers: The New Injury and Illness Cover Explained

“Domestic employees” are now covered under the Compensation for Occupational Injuries and Diseases Act (COIDA) and will now be entitled for compensation from the Compensation Fund in the event they are injured or contract diseases while on duty. The new benefits Note: The benefits set out below are recorded in summary only and awards are subject to conditions and to

Read more

24
Feb

Can Employees Resign to Dodge Disciplinary Hearings?

Article courtesy of Law Dot News – Debit Recovery & Litigation | Labour Law Can Employees Resign to Dodge Disciplinary Hearings? “…an employee who gives short notice in violation of the contract … may be obliged to serve out the notice period” (Quoted in the judgment below) It’s an age-old workplace dodge – threatened with a disciplinary hearing and fearing
Read more