The Constitutional Court on 17 June 2021 handed down judgment in McGregor v Public Health and Social Development Sectoral Bargaining Council and Others (CCT 270/20) [2021] ZACC 14, in respect of a compensation order in relation to the misconduct of Dr McGregor regarding four cases of sexual harassment.
Facts of the case:
The role and functions played by Health and Safety Representatives is valuable to all employers. Health and Safety Representatives have various Health and Safety responsibilities, which if carried out properly in line with legal requirements, will assist the employer in providing and maintaining a healthy and safe workplace.
Appointing Health and Safety Representatives
Employers who have more [more…]
The Protection of Personal Information Act 4 of 2013 (POPIA) provides for the protection of personal information processed by public and private bodies. Whilst POPIA defines personal information, it also creates another category termed ‘special personal information’.
POPIA defines ‘personal information’ as information relating to: Living natural persons and existing juristic persons. This includes information relating [more…]
The recent widespread acts of theft at shopping malls, warehouses and distribution centres in Gauteng and KwaZulu-Natal have created extraordinary challenges for many businesses – businesses which have already sustained significant setbacks in an economy struggling to withstand the impact of the COVID-19 pandemic. Footage of many who took part in these activities is readily [more…]
In terms of our Employment Equity Act 55 of 1998 (EEA), bullying of an employee is a form of unfair discrimination as envisaged in Section 6, and it is prohibited. Bullying also results in losses for an employer both in terms of productivity and efficiency. In addition, it has a detrimental effect on employees’ mental and emotional [more…]
Employers who want to implement mandatory vaccinations at their workplaces should conduct a risk assessment and take the constitutional rights of employees into account.
This is according to Jose Jorge, a director and sector head at Cliffe Dekker Hofmeyr, who was speaking at the company’s annual employment law webinar on Thursday.
In June, labour minister Thulas Nxesi [more…]
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…]
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…]
If there was any doubt that an employer may conduct a disciplinary hearing on a virtual platform at a time determined by it, that doubt has finally been shattered by the Labour Court.
The decision in the matter of Mokoena v Merafong City Local Municipality and Another (handed down on 24 August 2020) [more…]
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…]
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…]
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…]
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…]
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…]
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…]
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…]
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…]
n 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…]
