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South Africa: COVID-19 Concessions to Address Immigration issues

South Africa: COVID-19 Concessions to Address Immigration issues

Due to the escalating impact of COVID-19 and the growing restrictions on travel, employers and their workforce are facing travel restrictions globally. The Department of Home Affairs (DHA) has issued guidance on how applications will…

Employee Law
Q&A – pressing issues employers are addressing in light of the Coronavirus outbreak

Q&A – pressing issues employers are addressing in light of the Coronavirus outbreak

Are employees obliged to disclose themselves as a “risk-factor” to the employer? South African law does not place an obligation on employees to disclose their medical information or status. However, an employer has an obligation…

Employee Law
Demotion as an alternative to retrenchment – one way to assist employers with the COVID-19 outbreak

Demotion as an alternative to retrenchment – one way to assist employers with the COVID-19 outbreak

A number of international and local companies have requested that their employees work from home due to the dire consequences of the COVID-19 coronavirus pandemic. With some employees also opting to self-quarantine, there are a…

Employee Law
The right not to be dismissed – SA courts allowing wider rights & entitlements

The right not to be dismissed – SA courts allowing wider rights & entitlements

There can be very few people who have not heard of phrases such as “unfair dismissal” or “unfair labour practice”, or who have had first-hand experience dealing with disputes on these legal issues at the…

Employee Law
Do employees have an obligation to disclose reason for dismissal from previous employment?

Do employees have an obligation to disclose reason for dismissal from previous employment?

A duty rests on an employee to disclose to his / her future employer information which may affect the employer’s decision to employ him / her. …

Employee Law
Coronavirus Q&A: Know your employment rights

Coronavirus Q&A: Know your employment rights

The COVID – 19 (or “Coronavirus”) is spreading. Employers and employees have a role to play in limiting its impact. In this alert, we answer some of the most pressing questions that have been asked…

Employee Law
Falsification of credentials not always dismissable

Falsification of credentials not always dismissable

At this time of year recruitment of new employees is at its peak. Too many employers are failing to double check that the qualifications submitted by job candidates are genuine. …

Employee Law
Highest Court, in its first judgment of the new decade, upholds the principle of majoritarianism in retrenchments

Highest Court, in its first judgment of the new decade, upholds the principle of majoritarianism in retrenchments

​In a landmark judgment*, the Constitutional Court has upheld the principle of majoritarianism inherent in sections 23(1)(d) and 189(1) of the Labour Relations Act 66 of 1995 (LRA). …

Employee Law
Can an employer rely on the termination clause in a contract of employment to dismiss an executive employee without holding a disciplinary hearing?

Can an employer rely on the termination clause in a contract of employment to dismiss an executive employee without holding a disciplinary hearing?

It has been almost a year since Old Mutual (OM) terminated the employment of its former CEO, Mr Peter Mthandazo Moyo (Moyo). After investigating an alleged conflict of interest that involved Moyo and another corporate…

Employee Law
An individual employee may not rely on section 187(1)(c) of the LRA

An individual employee may not rely on section 187(1)(c) of the LRA

​Section 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA) provides that it will be automatically unfair to dismiss a group of employees if they refuse to accept a demand in respect of any…