Category: Employment and Labour Law

Companies: Are Restraints of Trade Valid in a Time of Covid?

Companies: Are Restraints of Trade Valid in a Time of Covid?

“For him to be forced out of a career of choice to start working in a different field at a time when many businesses are closing down, retrenchments and lay-offs being commonplace…

Can an Employee Who Refuses Vaccination be Fired?
, Employment and Labour Law

Can an Employee Who Refuses Vaccination be Fired?

“This virus is unprecedented in our lifetime and requires an unprecedented response” (António Guterres, UN Secretary-General) Most of us will celebrate the day we are offered a COVID-19 vaccination, but here in…

Domestic Workers and Employers: The New Injury and Illness Cover Explained
, Employment and Labour Law

Domestic Workers and Employers: The New Injury and Illness Cover Explained

“Domestic employees” are now covered under the Compensation for Occupational Injuries and Diseases Act (COIDA) and will now be entitled for compensation from the Compensation Fund in the event they are injured…

Can Employees Resign to Dodge Disciplinary Hearings?
, Employment and Labour Law

Can Employees Resign to Dodge Disciplinary Hearings?

“…an employee who gives short notice in violation of the contract … may be obliged to serve out the notice period” (Quoted in the judgment below) It’s an age-old workplace dodge –…

New National Minimum Wage and Earnings Thresholds From 1 March 2021
, Employment and Labour Law

New National Minimum Wage and Earnings Thresholds From 1 March 2021

(N.B. The increases highlighted below are extracted from the Employment and Labour Minister’s announcement of 9 February 2021, and emphasis has been supplied where helpful in enabling quick identification of your employment…

Workplace Bullying – Can You Claim Constructive Dismissal?
, Employment and Labour Law

Workplace Bullying – Can You Claim Constructive Dismissal?

“…it has been suggested that bullying refers to any unfavourable or offensive conduct on the part of a person or persons, which has the effect of creating a hostile workplace environment… In…

Cannabis in the Workplace: Can You Dismiss?
, Employment and Labour Law

Cannabis in the Workplace: Can You Dismiss?

A recent CCMA (Commission for Conciliation, Mediation and Arbitration) ruling, in which an employee’s dismissal for smoking cannabis before work was set aside and he was re-instated, has garnered a lot of…

Our Brave New World: Using Zoom for Retrenchment Consultations
, Employment and Labour Law

Our Brave New World: Using Zoom for Retrenchment Consultations

“O brave new world” (Shakespeare) The COVID-19 pandemic will doubtless lead to many new developments on the legal front. For example, with widespread employee retrenchment now an unfortunate reality in our struggling…

Unemployed, Can’t Pay Bond and Credit Instalments? “Credit Life Insurance” May Save You

Unemployed, Can’t Pay Bond and Credit Instalments? “Credit Life Insurance” May Save You

If you are one of the many employees retrenched or put on short pay or unpaid leave as a result of the COVID-19 crisis and lockdown, you will be wondering how to…