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ENSafrica
In this paper, the author addresses the rights and obligations of the employer and employee in terms of the Occupational Health and Safety Act 85 of 1993 in a working environment outside the premises of the employer.
Schoemanlaw Inc.
The definition of desertion of Employees from the workplace in South African Labour Law and according to the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to...
ENSafrica
It is an unfortunate reality that many businesses have struggled to survive during lockdown.
Schoemanlaw Inc.
According to the Commission for Conciliation, Mediation and Arbitration as well as the Labour Relations Act 66 of 1995 an Independent Contractor is paid to render a particular result or service and is not subject to ...
ENSafrica
The concept of vicarious liability is not uncommon in the context of employment relationships. There is in fact a plethora of cases dealing with the question...
Schoemanlaw Inc.
Employers need to ensure that they follow a procedurally and substantively fair process when conducting a Disciplinary Hearing. Employees also need to be aware of their rights to ensure ...
Schoemanlaw Inc.
Join us for session unpacking development around Covid19 workplace health and safety.
ENSafrica
The Employment Appeals Tribunal ("EAT") in England recently handed down judgment dealing with the opportunistic improvement of employees' terms and conditions ...
ENSafrica
The South African Labour Court recently placed the Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union ("CEPPAWU") under administration in terms of section 103A...
ENSafrica
Since the outbreak of the Coronavirus (COVID-19), there has been much talk about what the new normal will be.
ENSafrica
On 4 June 2020, Notice R.639 was published in Government Gazette No. 43400, in terms of which the Minister of Employment and Labour issued a Consolidated COVID-19 Direction.
ENSafrica
The City applied to the Labour Court for an order declaring that DEMAWUSA's members were participating in an unprotected strike and interdicting them from participating in the strike.
Schoemanlaw Inc.
The Minister of Trade and Industry, Ebrahim Patel as well as the Minister of Employment and Labour, Thulas Nxesi, have both clarified a long standing question for South Africans during the lockdown
Schoemanlaw Inc.
How to distinguish between incapacity and misconduct in the workplace
ENSafrica
The detrimental impact of the Coronavirus (COVID-19) and the nationwide lockdown has forced many employers to consider retrenchment in order to stay afloat.
ENSafrica
The much-anticipated Alert Level 3 Lockdown Regulations, issued in terms of section 27(2) of the Disaster Management Act, 2002 were gazetted yesterday, Thursday, 28 May 2020.
ENSafrica
South African case law is replete with decisions where employees claim that they were unfairly dismissed because their employer failed to renew their fixed-term contracts.
Schoemanlaw Inc.
Employers and Employees seeking to resolve disputes are aware of the option of referring such disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA).
ENSafrica
On 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs issued a notice which amended several material aspects of the lockdown regulations issued in terms of section 27(2) of the Disaster Management Act, 2002.
ENSafrica
He argued that this constituted an automatically unfair dismissal in terms of the Labour Relations Act, 1995.
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