Tag archives: Employment law

Constitutional Court test for intolerable working relationship

Financial Institutions Legal SnapshotBy NRF Digital Team on Posted in General
This blog was co-authored by Hlonela Mayosi and Heidi Davis, associate designates A recent decision in the Constitutional Court has provided legal certainty on the application of section 193(2)(b) of the Labour Relations Act, 1995 (the LRA), which relates to reinstatement of employees as the primary remedy when a court or tribunal declares a dismissal … Continue reading

Can South African employers require their employees to undergo mandatory vaccination and testing for COVID-19?

Photo of Jason WhyteBy Jason Whyte on Posted in General
Global efforts have successfully developed both expedited means of testing for the COVID-19 virus and, more recently, vaccines. Employers may thus wish to explore the introduction of workplace policies which formalise mandatory testing and vaccination protocols in order to restore their workplaces to some level of normality, particularly workplaces where remote working is not suitable. … Continue reading

Managing construction sites and other workplaces in the new normal

Photo of Keshri ChettyPhoto of Katherine DzwigBy Keshri Chetty and Katherine Dzwig on Posted in General
Construction sites and other workplaces need to comply with regulations and manage health and safety risks, while attempting to increase production, as we move into less restrictive lockdown levels. The announcement of South Africa’s move to lockdown Level 2 with effect from 18 August 2020 is being celebrated by almost all economic sectors. Despite this, … Continue reading

Balancing employee religious rights and the need for protective equipment

Photo of Laura MacfarlanePhoto of Frances BarkerBy Laura Macfarlane and Frances Barker on 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

e-Commerce directions: Key measures for retailers, customers and courier and delivery service personnel

Photo of Jenine NaiduBy Jenine Naidu on Posted in General
From 14 May 2020, the sale of all goods on e-Commerce platforms, with the exception of alcohol and tobacco products, are allowed. However, in terms of the new Alert Level 4 e-Commerce directions, retailers, delivery services and customers are required to observe strict protocols at all stages of the transaction. Below are the key measures … Continue reading

Chief Inspector of Mining ordered to publish health and safety guidelines to manage and mitigate against COVID-19 under Alert Level 4

Photo of Danielle Ebrahim-NaseemPhoto of Murray AlexanderPhoto of Georg KahleBy Danielle Ebrahim-Naseem, Murray Alexander and Georg Kahle on Posted in General
The Labour Court’s looming deadline of 18 May 2020, compels government to issue detailed guidelines on health and safety and requires that all employers prepare and implement a Code of Practice to mitigate the effect of COVID-19 on mine employees returning to work. Under Alert level 4, various mining operations are allowed to operate at … Continue reading

Risk assessment to be conducted by employers before resuming operations

Photo of Brian DennyPhoto of Mandisa DumaPhoto of Tariq AmodBy Brian Denny, Mandisa Duma and Tariq Amod on Posted in General
The Department of Employment and Labour (DOL) issued the COVID-19 directive on Health and Safety in the Workplace on 28 April 2020, stipulating measures that must be taken by employers to protect the health and safety of workers and members of the public entering their workplace or exposed to their working activities. Employers must do … Continue reading

Alert Level 4 Regulations: 5 factors for employers to consider

Photo of Murray AlexanderPhoto of Jenine NaiduPhoto of Kriyanka ReddiBy Murray Alexander, Jenine Naidu and Kriyanka Reddi on Posted in General
On 29 April 2020, new Regulations were published in terms of the Disaster Management Act which replaced previous lockdown regulations and set out the restrictions that will be imposed during Alert Level 4. These Regulations permit more categories of business to resume operations, subject to the establishment of, and compliance with, strict health protocols and … Continue reading

The challenges faced by employers in trying to retrench during the lockdown

Photo of Murray AlexanderPhoto of Mlungisi KhambulePhoto of Tariq AmodBy Murray Alexander, Mlungisi Khambule and Tariq Amod on Posted in General
The current pandemic and the implementation of the lockdown has forced companies to implement various cost cutting measures to keep afloat. Those companies considering the need to retrench employees must first make every effort to find alternatives to retrenchment. Alternatives to retrenchment include: Companies can make use of support measures implemented by government such as … Continue reading

Your workplace plan: What you need to know

Photo of Mohammed ChavoosPhoto of Jenine NaiduPhoto of Kriyanka ReddiBy Mohammed Chavoos, Jenine Naidu and Kriyanka Reddi on Posted in General
Businesses allowed to resume operations under the COVID-19 Alert Level 4 must put in place measures aimed at reducing the spread of the virus, to ensure the safety of employees. A COVID-19 compliance officer must also be appointed. The updated Regulations to the Disaster Management Act, published on 29 April 2020, allows for more businesses … Continue reading

Five cost cutting measures to sustain your business and safeguard your employees

Photo of Verushka ReddyPhoto of Kriyanka ReddiPhoto of Mandisa DumaBy Verushka Reddy, Kriyanka Reddi and Mandisa Duma on Posted in General
The declaration of a state of national disaster due to COVID-19 and the resulting nationwide lockdown has left employers and employees in a precarious situation. The lockdown has had a devastating impact on employment throughout the country, with many employees feeling the financial pinch of not having worked throughout the lockdown. What is clear is … Continue reading

Ten essential terms of secondment agreements

Photo of Verushka ReddyPhoto of Kriyanka ReddiBy Verushka Reddy and Kriyanka Reddi on Posted in General
Secondment agreements allow for an employer to assign an employee to another organisation for a specified duration, for purposes of developing good business relationships; enhancing an employee’s particular skill set or for sharing the particular expertise of that employee with the host company. The employer and host company are required to enter into a secondment … Continue reading

Employment law under COVID-19 lockdown: 10 things to know

Photo of Mohammed ChavoosBy Mohammed Chavoos on Posted in General
The government enforced 21 day lockdown raises many issues relating to employee rights, including concerns around whether leave (for workers who cannot work from home) will be paid or unpaid, whether UIF (Unemployment Insurance Fund) applies and what the rights of essential workers are. Here are ten things to know about employment law during the … Continue reading

Religious practices and workplace incapacity

Photo of Lovanya MoodleyBy Lovanya Moodley on Posted in General
The Labour Appeal Court (LAC) has reaffirmed that employers must be tolerant of employee religious beliefs. In TDF Network Africa (Pty) Ltd v Deidre Beverley Faris, it ruled that the employee was discriminated against and unfairly dismissed for practising her religion. Faris, a Seventh Day Adventist, refused to attend monthly Saturday stock takes as her … Continue reading
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