Employment and Labour Law

Article courtesy of Law Dot News | Employment & Labour Law Fired for a Racist Facebook Post “The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. AnRead more

“Employers should find a reasonable resolution that accommodates all parties where employees refuse to be vaccinated for medical and constitutional grounds” (Ministry of Employment and Labour) As the Covid-19 pandemic continues to wreak havoc around the world, an increasing number of businesses find themselves walking a tightrope between their obligations to, on the one hand, both protect the public and

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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 healthyRead more

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 firstlyRead more

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

“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

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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 theRead more

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 manyRead more

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 andRead more

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 significantRead more