Legal updates and opinions
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Updated Directive in respect of access to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) during the COVID-19 pandemic
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 30 July 2020 the CCMA published a new Directive on [...]
URGENT update: Level 3 regulations for tourism sector
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 30 July 2020, the Department of Tourism ("Department") published a [...]
Directive on compensation for workplace-acquired COVID-19
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 23 July 2020 the Minister of Employment and Labour, Thembelani [...]
Urgent 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 21 July 2020, the Department of Employment and Labour ("Department") [...]
CCMA digital platforms
By Michiel Heyns, Senior AssociateReviewed by Jacques van Wyk, Director On or about 8 May 2020 the Director of the Commission for Conciliation, Mediation and Arbitration [...]
COVID-19: Could borrowing base funding mechanisms be the answer for smaller businesses suffering from cash flow shortages?
By Cara Gow, Associate Reviewed by Richard Roothman, Director and Head of the Banking & Finance practice and Tracy-Lee Janse van Rensburg, Director There is hope [...]
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 The Unemployment Insurance Fund ("UIF") are accepting June Covid-19 TERS applications [...]
Retrenchment of employees on fixed-term contracts: How far can you go?
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney Retrenchments are viewed in a bad light due to the very sensitive socio‑economic element of rendering employees [...]
Retrenchment consultations: the use of video-conferencing
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer may utilise Zoom when conducting consultations in [...]
Labour court provides much needed correction on no work no pay cases
By Bradley Workman- Davies, Director and Neo Sewela, Candidate Attorney The Johannesburg High Court recently found in the matter of Mhlonipheni v Mezepoli Melrose Arch and [...]
Urgent update: Amendments to lockdown level 3 regulations
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 25 June 2020 the Minister of Cooperative Governance and Traditional [...]
POPIA, Employment Contracts and Policies and Procedures
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice; Jacques van Wyk, Director, Labour & Employment Practice; and Bradley Workman-Davies, Director, Labour & Employment [...]
UPDATE: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) guideline and commencement of June applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Department of Employment and Labour has published a Guide on [...]
Labour and employment: rebuilding and restructuring post lockdown
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Michiel Heyns, Senior Associate; and Thabisa Yantolo, Candidate Attorney Introduction With the easing of the nationwide [...]
Urgent update: permitted personal care services
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 19 June 2020 the Minister for Small Business Development, [...]
Non-payment of salaries leads to business rescue
by Bradley Workman-Davies, DirectorThe South Gauteng High court has recently handed down a judgment in which it placed two high profile Johannesburg restaurants into business rescue, [...]
Occupational Health and Safety Directive
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney On 4 June 2020 the Minister of Employment and Labour, Thembelani [...]
Update: Temporary Employer / Employee Relief Scheme (“TERS”) benefit payment to foreign national workers
by Jacques van Wyk, Director; Andre van Heerden; Senior Associate; and Thabisa Yantolo, Candidate Attorney On 1 June 2020 the Unemployment Insurance Fund ("UIF") Commissioner, Mr [...]
Turbulence in the Business Rescue of SAA – a new hurdle on the retrenchment track?
By Sandile July, Director and Lisa Appelgryn, Senior Associate On 08 May 2020, the Labour Court handed down what could be considered a seminal judgment on the issue [...]
Accommodating employees in the workplace
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney Under the current COVID-19 regulations, employers must ensure that a number [...]
Update: Temporary Employer / Employee Relief Scheme (“TERS”): The May application process
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 28 May 2020 the Department of Employment and Labour ("Department") [...]
Update to COVID-19 Temporary Employer / Employee Relief Scheme (TERS) benefits
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney On 26 May 2020 the Minister of [...]
COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) benefit calculation
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo, Candidate Attorney Introduction The Unemployment Insurance Fund ("UIF") have published [...]
Urgent update: directions regarding e-commerce sales during Alert Level 4 of the COVID-19 national state of disaster
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 14 May 2020 the Minister of Trade, Industry and Competition, [...]
Urgent update: directions issued regarding the sale of clothing, footwear and bedding during Alert Level 4
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 12 May 2020 the Minister of Trade, Industry and Competition, [...]
