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So far FefaTech has created 158 blog entries.

Employees can refuse vaccination, but rights have limits – Ramaphosa

2021-09-06T09:43:50+02:00

President Cyril Ramaphosa told Parliament that employers had to strike a “delicate balance” when implementing mandatory vaccination programmes, but said every South African had a personal responsibility to ensure the safety of others in the ongoing Covid-19 pandemic.

Ramaphosa was replying orally to questions in a hybrid plenary of the National Assembly on Friday. The president [more…]

Employees can refuse vaccination, but rights have limits – Ramaphosa2021-09-06T09:43:50+02:00

Make fake racism claims and get fired — Eskom chair

2021-09-06T09:40:07+02:00

Eskom board chairman Malegapuru Makgoba has issued a stern warning to the utility’s employees who falsely accuse their colleagues of racism.

Makgoba’s comments came during the announcement of Eskom’s annual financial results for the 2020/2021 financial year earlier this week.

He urged Eskom staff to think about how these accusations impacted someone’s reputation.

“We must be careful [more…]

Make fake racism claims and get fired — Eskom chair2021-09-06T09:40:07+02:00

Virtual hearings are here to stay – 1

2021-09-06T09:36:08+02:00

The SCA and the High Court refuse to tolerate objections to virtual hearings

As we head into the third wave of COVID-19, much of the complacency that developed after the second wave has abated, having impacted negatively on the “new normal” with many people still of the view that we should return to the practices of [more…]

Virtual hearings are here to stay – 12021-09-06T09:36:08+02:00

Virtual hearings are here to stay – 2

2021-08-30T14:56:19+02:00

Virtual consultations are valid: The Labour Court refused to entertain “self-serving” preferences which were ignorant of health and safety requirements

South African Breweries (“SAB”) took a step forward into the “new normal” when it advised trade unions FAWU and Solidarity that it would enter into consultations in terms of section 189A (13) of the [more…]

Virtual hearings are here to stay – 22021-08-30T14:56:19+02:00

What is the difference between managing conduct and capacity at the workplace?

2021-08-24T11:49:08+02:00

The main distinction between managing misconduct and capacity at the workplace is that while both entail a breach on the part of the employee with regard to the fulfilling of their employment obligations, misconduct involves an element of culpability or blameworthiness where the employee intentionally or negligently broke a workplace rule. With incapacity, culpability and [more…]

What is the difference between managing conduct and capacity at the workplace?2021-08-24T11:49:08+02:00

What is a Con-Arb?

2021-08-19T12:04:08+02:00

Section 191(5A) of the Labour Relations Act, the LRA, makes provision for a Con-arb process, which is a speedier one-stop process which allows for combination of a conciliation and arbitration in one process, to be held immediately after each other, should conciliation fail, in unfair labour practices and unfair dismissal disputes involving individuals. In effect, [more…]

What is a Con-Arb?2021-08-19T12:04:08+02:00

#UnrestSA: Relief fund ‘is not a salary holiday, it is meant for bad days’ – UIF

2021-08-17T10:37:47+02:00

The newly established relief fund to assist companies looted during the unrest has been infiltrated by fraudsters.

The Unemployment Insurance Fund’s (UIF) acting commissioner, advocate Mzie Yawa, said, of the 18 000 applications received on Wednesday, 8 000 share the same bank account.

The minimum amount to be paid is R3 500.

A few suspicious companies have been [more…]

#UnrestSA: Relief fund ‘is not a salary holiday, it is meant for bad days’ – UIF2021-08-17T10:37:47+02:00

Restaurants call for end to restrictions as 1,100 eateries close

2021-08-17T10:30:09+02:00

Industry association’s internal surveys suggest establishments closed for good after being forced to shut under lockdown regulations

BL Premium reports that the Restaurant Association of SA (Rasa) is calling for the cabinet to end restrictions on eateries after an estimated 1,100 restaurants shut down during the third wave of the Covid-19 pandemic.

Rasa CEO Wendy Alberts [more…]

Restaurants call for end to restrictions as 1,100 eateries close2021-08-17T10:30:09+02:00

Going to work during the pandemic – The fine line between when employees should and shouldn’t be attending the workplace

2021-08-16T13:27:48+02:00

Following the national state of disaster declared in early 2020 from the Covid-19 pandemic, the government has been encouraging employers to allow employees to work from home. However, there appears to be a rise in the number of employers who are expecting employees to fulfill their employment duties from the workplace as opposed to their [more…]

Going to work during the pandemic – The fine line between when employees should and shouldn’t be attending the workplace2021-08-16T13:27:48+02:00

What the law says about hiring an illegal foreign worker in South Africa

2021-08-17T10:14:10+02:00

Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

Note from Mr Etienne van Wyk of Cofesa Helpline- It is a challenge to verify work permits with little DHA help.

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the Department of [more…]

What the law says about hiring an illegal foreign worker in South Africa2021-08-17T10:14:10+02:00

Employment law update – Unfair discrimination for failure to appoint an employee to a position

2021-08-02T14:04:52+02:00

Ethekweni Municipality v Nadesan and Others [2021] 6 BLLR 598 (LC) the Labour Court (LC) had to determine whether an Indian male employee was unfairly discriminated against when he was not appointed to the position of Senior Storekeeper, Fire and Emergency Services. This position had been vacant for a year and the filling of this position [more…]

Employment law update – Unfair discrimination for failure to appoint an employee to a position2021-08-02T14:04:52+02:00

Are companies liable for their employees’ actions online?

2021-08-02T13:57:20+02:00

Throughout the world, the Internet, information, and communication technologies (ICT) such as smartphones and computers undeniably play a significant role in the modern world of work. Within the South African context, employers and employees can conclude valid and enforceable employment contracts via e-mail, SMS or other electronic communication methods (see Jafta v Ezemvelo [more…]

Are companies liable for their employees’ actions online?2021-08-02T13:57:20+02:00

POPIA deadline reached. Is your business compliant?

2021-08-02T13:48:37+02:00

On 1 July 2021, the deadline for all businesses to be fully POPIA compliant expired.

Companies now need to ensure that all their information processing activities comply with POPIA and that their Information Officers take up their responsibilities in accordance with the Act. Any organisation found lacking or failing to adhere to all provisions of the [more…]

POPIA deadline reached. Is your business compliant?2021-08-02T13:48:37+02:00

Workplace sites given permission to offer vaccines to employees of all ages

2021-08-02T13:41:22+02:00

The policy shift comes as the public and private sectors ramp up capacity in anticipation of greater vaccine supplies in August and September

The health department has opened coronavirus vaccination at approved workplace sites to all employees over the age of 18, scrapping restrictions that have until now limited the jabs to the age [more…]

Workplace sites given permission to offer vaccines to employees of all ages2021-08-02T13:41:22+02:00

‘Workers should not be penalised, Cosatu warns as taxi impasse affects employees’ income, leave’

2021-08-02T13:37:59+02:00

Comment- The ‘No work, no pay’ rule applies, but seek constructive and fair alternatives, such as working in lost hours – Cofesa Team.

Cosatu had engaged with the Cape Chamber of Commerce who gave it the “commitment that their members will be sensitive… [and] fully understand what is happening in this province”.

Any employer who dismisses or [more…]

‘Workers should not be penalised, Cosatu warns as taxi impasse affects employees’ income, leave’2021-08-02T13:37:59+02:00

COVID-19 TERS applications re-open

2021-07-20T10:42:46+02:00

Workers affected by the COVID-19 lockdown regulations since March 2021 will once again be able to claim from the COVID-19 Temporary Employee/Employer Relief Scheme (TERS).

This comes after Employment and Labour Minister Thulas Nxesi on Friday signed the direction which makes it possible for the Unemployment Insurance Fund (UIF) to implement the third extension of the [more…]

COVID-19 TERS applications re-open2021-07-20T10:42:46+02:00

Retrenchment as a result of COVID-19

2021-07-20T10:36:32+02:00

With the advent of Covid-19 more than a year ago, the financial strain on companies has forced many to restructure their businesses, impacting most significantly on their employees, with large-scale retrenchments becoming necessary, and which in essence is contributing to South Africa’s weakening economy.

It is, however, important for employers to note that even during these [more…]

Retrenchment as a result of COVID-192021-07-20T10:36:32+02:00
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