Summary Suspensions in Employment Law – Long or right?

By |2021-06-15T14:23:43+01:00June 15th, 2021|Labour Law, Labour Law, Litigation|

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.

A closer look at polygraph testing in employment disputes

By |2021-05-05T12:45:33+01:00May 5th, 2021|Labour Law, Litigation, Uncategorised|

Employers are cautioned against using the results of polygraph tests as the sole basis for disciplining an employee. The probative value of polygraph testing remains open ended, and its reliability, if any, is to be determined by the courts on a case-by-case basis and in conjunction with expert and / or further corroborating evidence.

The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s Directive:

By |2020-04-09T16:29:17+01:00April 9th, 2020|Labour Law, Litigation, Regulatory Law|

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.

Labour Law Update – The Temporary Employer Relief Scheme:

By |2020-03-29T15:10:01+01:00March 29th, 2020|Commercial Law, Labour Law, Litigation|

On Thursday, 26 March 2020, the Minister for Employment and Labour, Thembelani Nxesi, issued a Directive entitled ‘Covid- l9 Temporary Employee/Employer Relief Scheme, 2020’ to the general public (the “Directive”). The underlying rationale for the issuing of the Directive is founded on the immense impact the President’s declaration of a national lockdown, and the Regulations imposed in terms of section 27(3) of the Disaster Management Act, have had on the continued trading and commercial viability of especially small to medium enterprises and those entities whose businesses operations are considered to be ‘non-essential’.

Working from Home – Some Legal Concerns

By |2020-03-20T15:48:26+00:00March 20th, 2020|Commercial Law, ICT Law, Labour Law|

During the current COVID-19 crisis, many employers will have chosen to allow their employees to work from home. While most employers already have a communications policy that regulates how employees use communications infrastructure in the workplace, it is important to bear a few points in mind when many or most employees are working remotely.

Covid-19: Health and safety in the workplace

By |2020-03-23T07:26:05+00:00March 20th, 2020|Health & Safety Law, Labour Law|

The Occupational Safety and Health Act, No. 85 of 1993 (“the Act”) aims to ensure the wellbeing, health and safety of employees in the workplace. In light of the seriousness of the Covid-19 pandemic, it is important to consider the effects the spread of the virus may have on the South African employer and specifically the risk the virus poses to employees in the workplace. In this regard, section 8 of the Act is of importance as it sets out the duties that employers owe to their employees and is discussed below

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