Tag archives: Labour law

Setting aside a settlement agreement due to common mistake

Photo of Donald DinnieBy Donald Dinnie on Posted in General
This blog was co-authored by Tristan Marot, Candidate Attorney. The Labour Appeal Court has recently restated the law on common mistake as it applies to having a settlement agreement set aside in Murray and Roberts (Pty) Ltd v The Commission for Conciliation, Mediation and Arbitration & Others. The matter stemmed from a dispute between the … Continue reading

Sick leave and self-isolation: A guide for employers

Photo of Murray AlexanderPhoto of Jenine NaiduBy Murray Alexander and Jenine Naidu on Posted in General
With the increasing number of COVID-19 infections, employers must deal with employees who test positive for the virus, those who come into contact with individuals who test positive, and those who present with COVID-19 related symptoms. It is therefore important for employers to understand when sick leave must be used. The different sick leave options … Continue reading

Must a union hold a secret ballot before calling a strike?

Photo of Verushka ReddyBy Verushka Reddy on Posted in General
An attempt to stop NUMSA from calling a strike because it had not held a secret ballot failed. In the matters between NUMSA and Mahle Behr and NUMSA and Foskor with AMCU as amicus curiae the Labour Appeal Court had to determine whether in the absence of compliance with the transitional provisions of the Labour … Continue reading

Referral of an unfair dismissal dispute v an automatically unfair dismissal dispute – does it matter?

Photo of Verushka ReddyPhoto of Kriyanka ReddiBy Verushka Reddy and Kriyanka Reddi on Posted in General
It is the unfairness of a dismissal that is referred to conciliation, and not the reason for the dismissal. In resolving unfair dismissal disputes, the courts will look at substance over form. The court in Association of Mineworkers and Construction Union v Ngululu Bulk Carriers (Pty) Limited (in liquidation) and Others found that where AMCU … Continue reading

8 things to know about the amended COVID-19 TERS Directive

Photo of Jenine NaiduBy Jenine Naidu on Posted in General
On 26 March 2020, the Minister of Employment and Labour issued a Directive that set out the requirements for the newly established COVID-16 TERS benefits (the Temporary Employer/Employee Relief Scheme). These benefits were provisioned to alleviate the economic impact of the national disaster by assisting employers to pay their employees during the closure of their … Continue reading

Company transport considerations during the lockdown

Photo of Laura MacfarlaneBy Laura Macfarlane on 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
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