Laura Macfarlane

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New Zealand court says Uber drivers are employees

By Laura Macfarlane and Heidi Davis on October 28, 2022 Posted in General, Uncategorized

In an October 2022 judgment, the New Zealand Employment Courts concluded that Uber drivers are employees who are entitled to the protection and benefits offered by their employment law. This decision will encourage voices advocating for the rights of Gig workers globally to be aligned with those of more traditional employees. The Gig economy refers … Continue reading

Reserving low skilled jobs for South Africans is not likely to pass constitutional muster

By Laura Macfarlane on March 30, 2022 Posted in General

This blog was co-authored by Thando Ndita, Candidate Attorney Last month the Minister of Employment and Labour published proposed amendments to the Employment Services Act, 2014, the purpose of which is to address high unemployment and the “high representation of foreign nationals” in the unskilled sector. Foreign nationals include all persons who are not South … Continue reading

Asylum seekers with expired visas remain protected

By Laura Macfarlane on June 9, 2021 Posted in Uncategorized

On 22 April 2021, the Western Cape High Court dismissed, with costs, an application for leave to appeal sought by the Department of Home Affairs against the judgment handed down on 20 November 2020[1]suspending the operation of provisions of the Refugees Act, 1998 and the Regulations until the constitutional challenge to the provisions has been … Continue reading

Balancing employee religious rights and the need for protective equipment

By Laura Macfarlane and Frances Barker on June 5, 2020 Posted in General

The COVID-19 pandemic has brought to the fore the rights of an employer to insist on the wearing of personal protective equipment (PPE) despite religious objections. For COVID-19 protection, such equipment may include masks, gloves, goggles, face shields, and other forms of protective gear. Ordinarily, the failure to adhere to an employers’ reasonable PPE requirements … Continue reading

Company transport considerations during the lockdown

By Laura Macfarlane on April 9, 2020 Posted in General

With the rapidly changing legal landscape, employers may be left in the dark around how to ensure they comply with the latest laws and regulations relating to road transport during the national lockdown. A company vehicle used for the purposes of transporting essential service employees to and from work must be limited to 50% of … Continue reading