Archive for November 2021
Reinstate the Employee! Especially if there isn’t a high level of intolerability
Is a court or arbitrator entitled or obliged, in terms of section 193(2)(b) of the Labour Relations Act 66 of 1995, as amended (LRA), to consider whether a continued employment relationship would be intolerable when considering the remedy of reinstatement in respect of an unfair dismissal? This is the issue that the Constitutional Court (CC)…
Read MoreMandatory Vaccinations – Adjudicating religious exemptions
Employers who wish to implement a mandatory vaccination policy must allow for employees to raise objections or apply for exemption from the policy on the basis of, amongst others, religious grounds. Religious beliefs and opinions are categorised as special personal information and the requirements in relation to the processing of this information must be adhered…
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