Legal updates and opinions
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Counselling employees who perform below expectation for a fair dismissal
by Bradley Workman-Davies, Director Employee underperformance is a valid ground for dismissal in SA labour law, but as always, the process which is followed by an [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) Update
TERS claims ("Note") Resubmissions required On 28 November 2020 the Department of Employment and Labour ("Department") and the Unemployment Insurance Fund ("UIF") published a note regarding [...]
Urgent update: October 2020 extension of the COVID-19 Temporary Employer / Employee Relief Scheme
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 17 November 2020 the Department of Employment and Labour ("Department") [...]
Unfair discrimination on “any other arbitrary ground”
by Chelsea Roux, Candidate Attorney Reviewed by Jacques van Wyk, Director The Employment Equity Act[1] ("EEA") aims to recognise and address the disparities in employment, occupation [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) August / September 2020 applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The TERS applications for the period 16 August to 15 September [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) deadlines and delay in payments
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 15 September 2020 the Department of Employment and Labour published [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) system maintenance and payment delay
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Unemployment Insurance Fund ("UIF") published a notice on the UIF [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) Extension
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 7 September 2020 the Minister of Employment and Labour, Thembelani [...]
Unilateral change to employee’s retirement age may constitute an automatically unfair dismissal in terms of The Labour Relations Act and unfair discrimination in terms of The Employment Equity Act
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer may unilaterally change an employee's retirement age [...]
Automatically unfair dismissals: An employer may dismiss an employee for lodging a false grievance
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Is the lodging of a grievance the exercise of a [...]
Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 August 2020 the Minister of Employment and Labour, Thembelani [...]
Collision on the Section 197 Highway
Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation [2020] ZACC 21. by Sandile July, Director; Sandile Tom, Director; [...]
Working from home but are you really at work?
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney COVID-19 has revolutionised the workplace in terms of health and safety standards. Never before have employers had [...]
Additional obligations for designated employers under The Employment Equity Act
by Bradley Workman-Davies, Director A recent bill submitted to Parliament for consideration would seek to impose potentially stringent new quotas for numerical targets for the employment [...]
Update: Resumption of Temporary `Employer / Employee Relief Scheme (“TERS”) payments
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 26 August 2020 the Department of Employment and Labour published [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) July / August applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The July and August applications for Covid-19 TERS are now open [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) benefit clarification
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 13 August 2020 the Minister of Employment and Labour, Thembelani [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 13 August 2020 the Minister of Employment and Labour, Thembelani [...]
Unprotected strike action: An ‘essential service’ in terms of the National Disaster Management Act 57 of 2002 (“NDMA”) is not automatically regarded an essential service terms of the Labour Relations Act 66 of 1995 (“LRA”)
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an essential service in terms of the NDMA is [...]
Whether employers are obliged to engage with unrepresentative trade unions before dismissing employees who embark on unprotected strike action
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer is required to engage with a trade [...]
Essential Services Committee Notice
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 10 July 2020 the Essential Services Committee ("ESC") published a [...]
Employment Equity Amendment Bill 2020
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 July 2020 the Minister of Employment and Labour, Thembelani [...]
Tourism Sector Recovery Plan
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 1 August 2020 the Department of Tourism published a draft [...]
South African Airways in Business Rescue – No retrenchments until the business rescue plan requires it
by Bradley Workman-Davies, Director and Neo Sewela, Candidate Attorney On 9 July 2020, the Labour Appeal Court ("Labour Appeal Court") handed down the much anticipated judgment [...]
URGENT update: Amendments to regulations for lockdown level 3
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 31 July 2020 the Minister of Cooperative Governance and Traditional [...]
