Legal updates and opinions
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Resignation terminates contract of employment and cannot be withdrawn, unless employer consents thereto
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Kelly Sease, Candidate Attorney Withdrawal of an employee's resignation Whether the employer consented to the withdrawal [...]
Offers of employment – don’t take risks
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Danelle Plaatjies, Candidate Attorney Summary What constitutes an offer and acceptance for the conclusion of a [...]
The Constitutional Court has tightened the noose on the doctrine of common purpose.
by Sandile July, Director, Sandile Tom, Director and, Benedict Ngobeni, Candidate Attorney Doctrine of common purpose The principles underpinning the doctrine of common purpose came into [...]
Contractors, copyright and computer programs – what should business owners know?
by Danelle Plaatjies, and, Monique le Roux, Candidate Attorneys. Reviewed by, Jacques van Wyk, Director and Janine Hollesen, Head of Intellectual Property A common misconception about [...]
Derivative misconduct in the workplace
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys Issue Whether or not the dismissal of an employee, [...]
Normal retirement age versus agreed retirement age
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys An agreed retirement age - Issue Whether an employer [...]
CCMA speaks again on mandatory vaccination policies
Mandatory vaccination policies in the workplace Hot off the heels of a number of awards by the CCMA which upheld mandatory vaccination policies in the workplace, [...]
A new Covid 19 code: has anything really changed?
by Anastasia Vatalidis, Head of Labour & Employment, Sandile Tom, Director, and Benedict Ngobeni, Candidate Attorney On the heels of the Minister of Cooperative Governance and [...]
Section 150A LRA intervention in the Sibanye-Stillwater deadlock?
After a lengthy period of striking - nearly 3 (three) months - over wage increases at Sibanye's gold operations, the time is ripe for the type [...]
National Health Act update
National Health Act 61 of 2003 The Minister of Health ("the Minister") published, for public comment various regulations in terms of the National Health Act 61 [...]
The management of COVID-19 in the workplace
COVID-19 in the workplace On 4 April 2022, the Minister of Cooperative Governance and Traditional Affairs ("the Minister") terminated the national state of disaster. In doing [...]
The hazardous biological agents regulations: COVID-19 in the workplace
Hazardous Biological Agents by Jacques van Wyk, Director, Andre van Heerden, Senior Associate, and Danelle Plaatjies, Candidate Attorney The Minister of Employment and Labour ("The Minister") [...]
National minimum wage increases for 2022
Adjusted national minimum wage Following a mandatory annual review process, the Minister of Employment and Labour announced increases to the national minimum wage for 2022. With [...]
Earnings threshold increase for 2022
Annual earnings threshold increase for 2022 The Basic Conditions of Employment Act 75 of 1997 ("BCEA") empowers the Minister of Employment and Labour to make determinations, [...]
Explanatory Note
"No right, including the right to strike, is absolute." (AMCU and Others vs Anglo Gold Ashanti and Others) The right to strike is understood and accepted [...]
Employer may fairly dismiss employees for refusing to accept operational changes in the context of restructuring
Refusing to accept operational changes in the context of restructuring Explanatory Note Generally, the dismissal of employees to coerce them into accepting a particular employment outcome [...]
Update: Prevention and Elimination of Harassment in the Workplace
The Harassment Code by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Danelle Plaatjies, Candidate Attorney Introduction On 18 March 2022, the Minister of [...]
Quotas for employment of foreign nationals – Rationing the work
Quotas for employment of foreign nationals by Peter Mosebo, Director and Lisa Appelgryn, Senior Associate 1. The Minister of Employment and Labour published the draft [...]
Mandatory vaccinations after the state of emergency is lifted
Consolidated Direction on Occupational Health and Safety measures As has been recently published, the national state of disaster has been extended by the Minister of Cooperative [...]
Continuously raising grievances in the workplace held to be a fair ground for dismissal
Raising grievances in the workplace The issue was whether the dismissal of an employee who continuously raised grievances was substantively and procedurally fair. Summary The dismissal [...]
Employees signing mutual separation agreements under duress
Signing mutual separation agreements under duress Whether a threat of police action amounts to duress when signing a mutual separation agreement. Summary The dismissal of [...]
Dishonesty surrounding the breach of Covid-19 protocols in the workplace is a fair ground for dismissal
Breach of Covid-19 protocols in the workplace Issue Whether dismissal for dishonesty for infringing the employer’s Covid-19 protocols, was procedurally and substantively fair. Summary The dismissal [...]
Constitutional Court confirms invalidity of Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders
Preferential Procurement Policy Framework Act by Pieter Steyn, Director 1. In September 2020, the Supreme Court of Appeal ("SCA") declared that the Preferential Procurement Regulations ("Regulations") [...]
Compensation for employees who experience injuries, illness or death as a result of the Covid-19 vaccine
Compensation for Occupational Injuries and Diseases Act 130 of 1993 by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 22 October 2021, a [...]
Dismissal for intimidation and accusations of racism against fellow employee held to be fair and appropriate
Dismissal for intimidation and accusations of racism by Jacques van Wyk, Director and Andre van Heerden, Senior Associate Issue Whether the dismissal of an employee who [...]
