Employee was reinstated but with no backpay.

“The absence of express rules may create confusion or ambiguity.”

[more…]

“While this latest directive clarifies the matter mandatory workplace vaccination, it cautions employers that when implementing a mandatory policy, the rights of employees to bodily integrity and religious freedoms and beliefs must be taken into account” .

The Department of Employment and Labour has issued an updated occupational health and safety directive which, among other things, [more…]

Many South Africans are working from home. The question is when to switch off from work in terms of the BCEA.

In France the French Labour Code includes a mandatory obligation for employers with 50 or more employees to negotiate terms that regulate an employee’s ‘right to disconnect’. It also regulates the use of digital tools, [more…]

In a unanimous judgment, former head of anesthesiology at George Hospital, Dr Charles James McGregor, who was fired for sexual harassment in 2016, was refused leave to appeal his dismissal by the Constitutional Court.

The charges involved a newly qualified medical practitioner, who was completing an internship under his supervision and was 30 years his junior.

[more…]

“Big brother is watching”.

With the long awaited enforcement of the Protection of Personal Information Act (POPI) on 1 July 2020, this scenario is now highly unlikely.

Nevertheless, do you ever get one of these types of calls –  “Hello Mrs./Mr. X, we are calling from ABC Company and you have qualified for a massive [more…]

The President has indicated that the following amended regulations remain applicable:-

• all indoor and outdoor gatherings, including religious, political and cultural gatherings are permitted, subject to a maximum of 100 people for indoor gatherings and 250 people for outdoor gatherings, provided that, where the venue is too small to accommodate these numbers with appropriate social [more…]
  

According to the ‘Business Times’, some of the country’s largest employers were looking to ramp up the numbers by opening an initial 89 workplace sites that could vaccinate 24,300 people in a day.

JOHANNESBURG – A workplace [more…]

The Deployment of Employment and Labour says that the planned Employment Equity Amendment Bill will focus on targets rather than quotas. For noncompliance he nonetheless called for fines of between 1% and 10% of turnover and to be disqualified from doing business with the government.

Cofesa calls for deregulation and abandoning excessive fines imposed on businesses [more…]

Regulation 70(5) states that an employer may not allow any employee to perform any duties or enter the employment premises if the employee is not wearing a face mask while performing his or her duties, meaning that employees ought to always wear masks when performing their duties, irrespective of where the duties are performed.

More than [more…]

Dear Employer 

POPI compliance made easy

Have you been confronted with unaffordable high fees to comply with POPI?

We have drawn up a step-by-step affordable bundle to comply-

To protect your privacy and information as from 1^st July 2021 under the Protection of Information Act .

To stop the flood of unsolicited emails and cell phone advertising. Make them aware [more…]

Tydens sy verskyning voor die Zondo-kommissie het pres. Cyril Ramaphosa gesê dat die opsystaan-besluit die “veiligste roete” is wat die ANC in die verband kon neem. “Lede wat wel opsy staan, sal daardeur die kans kry om hul naam skoon te kry. As dit gedoen is, sal die ANC-tugproses teen hulle volg”.

Adjunkhoofregter Zondo wou van [more…]

Nxesi said that South African employers deliberately prefer foreign workers as a source of cheap labour, as they are willing to take ‘anything’ for wages.

Comment:

His quotas will cause a regional catastrophe.

Has minister Nxesi considered the humanitarian impact of immigration quotas on families relying for their livelihood from working in South Africa?

Working here contains the [more…]

Thus, if the employer is opposed to reinstating an employee whose dismissal is found to be substantively unfair, then it must demonstrate that one of the exceptions to reinstatement applies. This would require the employer to present evidence concerning the question of the appropriateness of reinstatement in anticipation of a decision by the Labour Court [more…]

When an employee is injured while performing their duties at work, the employee is able to access necessary specialised private medical care, given that the employer contributes to the Compensation Fund. Medical service providers then claim the fee from the Fund.

However, because of the Fund’s dysfunction and rigorous administrative processes, medical professionals often choose to [more…]

The CCMA recently reinstated an employee who took leave without permission during the Covid-19 lockdown, in a ruling which delivers an important lesson for other employers.  (To avoid creating a precedent is not the only rationale. What is required is that you apply your mind, consider the merits and motivate why you overrule a previous [more…]

It’s month-end. Your employee gets a notification on their phone that their salary has cleared into their bank account. Jackpot! They’ve received more than what is due to them. Mistakes and human miscalculations can occur easily, leaving employers in a difficult position. How should you address a genuine mistake that has been made resulting in [more…]