The current position in our law is, accordingly, that where an employee is suspended for precautionary reasons (i.e. in that the employer was concerned that the employee’s continued presence in the workplace would provide him/her with the opportunity to interfere with potential witnesses and/or to destroy pertinent evidence) the employer is under no obligation to afford the employee a pre-suspension hearing before affecting the suspension.
As the age old saying goes “Ignorance of the law is not an excuse”. The position under South African law is clear - both parents have a duty to maintain their children according to their [...]
A recent Constitutional Court (“CC”) judgment has allowed employers to breathe a collective sigh of relief in the comfort that they cannot be threatened with unfair dismissal proceedings where an employee has unreasonably rejected an [...]
On Tuesday, 18 August 2020, at 0h00, the South African national lockdown was downgraded from Alert Level 3 to Alert Level 2. Regulations prescribing the legal parameters of the Alert Level 2 restrictions and allowances were published on the same day and many of them are discussed here.
COVID-19 Update – Alert Level 3 Stays in place (with further restrictions) as we prepare for “the storm”:
His address did not declare an escalation of the alert level currently in place, as widely expected, but rather confirmed that whilst the Alert Level 3 Regulations would, for now, remain in force, that these Regulations would be further limited and refined in certain respects. The increase in the degree of restriction under the Level 3 Regulations was justified by the President as being necessary to curb the impending storm predicted early on by experts advising government
Following the declaration by President on 15 April 2020 that the national lockdown will be extended by two weeks, various amendments to the existing lockdown Regulations were published on 16 April 2020 (“the Amendments”). These amendments will govern private and commercial transactions and restrictions until the lockdown is lifted, which for now is set as being on 01 May 2020. This article will briefly discuss the most relevant of these amendments and their impact.
It is a well-established principle that a litigious civil matter can be commenced in one of two ways, either by way of legal action or by way of application/motion. The material distinction between these two [...]
The Covid-19 Temporary Relief Scheme (“the Scheme”) was implemented by the Department of Labour as a direct remedial response to the havoc wrecked on small to medium enterprises (“SMME’s”) by the Covid-19 pandemic. Whilst the Scheme has been active and functional since 26 March 2020, amendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.
The imposition of Covid-19 Contact Testing almost certainly limits the right to privacy. Whether this limitation can be considered unconstitutional is a question best left to the courts for adjudication, however, given the novel nature of the pandemic and the checks and balances built into Chapter 3 to prevent its abuse, it is highly likely that the contact Testing programme will pass constitutional muster in the event that it is tested.