Self-Isolation and Employees’ Sick Leave:
The rights and responsibilities of employers and employees alike are customarily embodied in the age old “control test” developed from an early stage in South African jurisprudence. Control and [...]
Dishonesty and misrepresentation
Employment law places a high premium on honesty. The foundation of the employment relationship is trust and confidence. Where this foundation is damaged, the parties cannot be [...]
Employers cannot “buy their way out” of retrenchment procedures
In the recent South African Labour Appeal Court (“LAC”) decision of Total South Africa (Pty) Ltd v Meyer and others, the LAC, in addressing the issue of whether the decision to grant maximum [...]
High Court dismisses application to set aside B-BBEE Commission’s findings: lessons for stakeholders
A recent South African High Court decision explores some interesting issues regarding the scope of the Broad-Based Black Economic Empowerment Commission’s (the “Commission”) [...]
POPIA Compliance
The Personal Information Act (POPIA) came into effect as of 1 July 2020, with a grace period of a year in which any person or organisation who keeps any type of records relating to the [...]
Relief scheme established for destroyed, affected or looted workplaces
On 10 August 2021, the South African Minister of Employment and Labour gazetted Regulations which established a temporary financial relief scheme for workers who have lost income due to the [...]
Mandatory vaccinations
The legal pathway has been created for employers to make it mandatory for staff to be vaccinated and employers who decided to make the vaccination mandatory may experience some significant [...]
The Standard Bank of South Africa Limited v Nombulelo Cynthia Chiloane (Case No. JA85/18) [2020] ZALAC (5 November 2020)
Employee was given notice to attend a Disciplinary Hearing for misconduct. On the day that the employee received the notice to attend the Disciplinary Hearing, she tendered her “resignation [...]
An employer’s guide to dealing with employees during civil unrest:
The civil unrest that South Africa faced this past week has left many employers asking questions such as: What may an employer do if its employee is seen on social media participating in the [...]
Common purpose, derivative misconduct & dismissal after Dunlop:
The Constitutional Court recently in NUMSA obo Nganezi & Others v Dunlop Mixing and Technical Services (Pty) Ltd & Others (2019) 40 ILJ 1957 (CC) (“Dunlop”) clarified [...]