Legal updates and opinions
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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 [...]
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 [...]
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 [...]
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") [...]
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 [...]
