Legal updates and opinions

Basic Conditions of Employment Act ("BCEA') threshold by Jacques van Wyk, Director and Andre van Heerden, Senior Associate  Issue Whether the Commission for Conciliation, Mediation and [...]

Termination of the employment relationship in terms of the UI-19 by Bankey Sono, Director and Neo Sewela, Candidate Attorney Very often employers and employees conclude settlement [...]

Mandatory vaccination policy On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement on the fairness of a dismissal [...]

Covid-19 protocols in the workplace - Issue Whether the dismissal of an employee who attended work whilst awaiting a Covid-19 test result, who continued to report [...]

Entitlement to embark on strike action - Issue Whether intended strike action can be embarked upon where there has been a 10-month delay between the issuing [...]

Severance pay entitlement - Issue Whether an employee, who continued employment with the same employer after he reached the contractual 'retirement age', was entitled to severance [...]

Resignation vs vaccinated As an employee, what are your rights when an employer places pressure on you to be vaccinated? Should an employee have any objections [...]

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 [...]

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 The Department of Employment and Labour recently released an Amended Consolidated Direction on Occupational Health and Safety measures in certain workplaces ("Directions") published in [...]

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 [...]

The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, [...]

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 [...]

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 [...]

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")  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") On 28 February 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]