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Business rescue and employee rights
What happens to employees when their employer is placed into business rescue? What happens to employees when their employer is placed into business rescue? On the [...]
Extension of COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)
On 11 July 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / Employee Relief Scheme ("TERS") would be extended to certain industries and business [...]
Vaccination Policies for the Workplace
Vaccination Policies The Department of Employment and Labour recently released an Amended Consolidated Direction on Occupational Health and Safety measures in certain workplaces ("Directions") published in [...]
Amended Consolidated Direction on Occupational Health and Safety Measures
Occupational Health and Safety Measures On 11 June 2021 the Minister of Employment and Labour published an Amended Consolidated Direction on Occupational Health and Safety Measures [...]
Resignation or dismissal?
The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, [...]
Temporary Employer / Employee Relief Scheme (“TERS”) update
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney On 20 April 2021 the Minister of Employment and Labour published [...]
Dismissal of employees who contravene a rule will be fair if proven that employees were aware of the rule or could be reasonably expected to have been aware of it
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney Issue Whether the employees could be said to have known, or [...]
Dismissal of employees who participate in unprotected strikes but comply with employer’s ultimatum may not be dismissed
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney Issue Whether employers, who issue provisional ultimatums to employees who participate [...]
Temporary Employer/Employee Relief Scheme (“TERS”) extension: appeal process and update
Temporary Employer/Employee Relief Scheme ("TERS") On 27 March 2021 the Unemployment Insurance Fund (”UIF") issued a letter outlining the appeal process for the lockdown period 16 [...]
Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme (“Ters”)
Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme ("Ters") On 28 February 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / [...]
Uber drivers’ long and bumpy ride to becoming workers
by Sandile July, Director; Lloyd Abraham, Director; Sandile Tom, Director; and Lisa Appelgryn, Senior Associate 1. This article explores the potential ramifications the recent judgement by [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“Ters”) audit pack
by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 27 November 2020 the Department of Employment and Labour ("Department") and the Unemployment Insurance [...]
Update: extension of the COVID-19 Temporary Employer / Employee Relief Scheme
by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 18 February 2021 the Department of Employment and Labour issued a statement recording that [...]
Bargaining council for the fast food, restaurant, catering and allied trades’ (“council”) main collective agreement extension to non parties
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 February 2020 the Council registered with the Department of [...]
Can an employer use replacement labour where a lockout has been instituted but the strike has been suspended
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether replacement labour may be used where an employer has [...]
Determining “radius” as a measurement for geographical scope in restraint of trade agreements
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue How the geographical scope in a restraint of trade should [...]
(Un)lawfulness in Labour Disputes: The Door is Tightly Closed
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney The recent Labour Court judgment in Botes v City of Joburg Property Company SOC Ltd and Another [...]
Increase to BCEA earnings threshold
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 8 February 2021 the Minister of Employment and Labour, Thembelani [...]
Adjustment of the minimum wages in terms of the National Minimum Wage Act
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 8 February 2021 the Minister of Employment and Labour, Thembelani [...]
No enquiry before being dismissed – no problem
By Bradley Workman-Davies, DirectorLabour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary [...]
Reduced work time and illness benefit
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Department of Employment and Labour ("Department") has published an Easy-Aid [...]
Fixed term faux pas – how not to employ someone for a limited period of time
By Bradley Workman-Davies, Director Fixed term contracts of employment are allowable and acceptable in South African employment law, and are used on a frequent basis where [...]
LRA Section 189A (13) applications: is the court guardian or nanny?
by Lloyd Abraham, Director The Broadcasting Electronic Media and Allied Workers' Union (BEMAWU) recently launched an urgent application in the Labour Court interdicting the South African [...]
Banking on a resignation with immediate effect? Don’t count on it!
by Sandile July, Director and Lisa Appelgryn, Senior Associate: Labour & Employment Practice The Labour Appeal Court ("LAC") in the matter of Standard Bank of South [...]
COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) audit pack
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 27 November 2020 the Department of Employment and Labour ("Department") [...]
