Labour Law

Dismissals for Poor Work Performance – an Employer’s Guide.

17th October 2023|Labour Law|

Employers should ensure that probationary and non-probationary employees are, amongst other things, aware of the required performance standards applicable to their position, give employees necessary guidance, counselling, mentoring and training to ensure satisfactory service, and to allow reasonable time for employees to improve the standard of their work performance. It is imperative that employers ensure that any dismissals relating to poor work performance are fully compliant with the Act and the Code of Good Practice: Dismissal (and any other applicable labour legislation).

2023 Amendments to the CCMA rules

1st June 2023|Labour Law|

The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is the first port of call for the majority of disputes concerning the employment relationship and serves not only as a forum aimed at facilitating amicable and expeditious resolutions to employment disputes but also as a court of first instance for adversarial proceedings arising between, amongst others,


Mandatory COVID-19 vaccination in the workplace

24th November 2021|Health & Safety Law, Labour Law|

On 11 June 2021, the Department of Employment and Labour published an Amended Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces (“Directions”). The Directions provide various guidelines to employers pertaining to social distancing, the wearing of cloth masks, COVID-19 symptom screening and the importance of adequate ventilation in the workplace. Most importantly,


Summary Suspensions in Employment Law – Long or right?

15th June 2021|Labour Law, Litigation|

Many, if not all, employers have had to grapple with the riddle of how best to deal with employees who have misconducted themselves to a degree requiring suspension, and how best to affect such a suspension (pending lawful disciplinary proceedings, of course) whilst giving effect to the employee’s fair process rights under South African employment


Can CCMA arbitral awards be reviewed and if so, how?

25th June 2020|Labour Law, Litigation|

The Labour Relations Act 66 of 1995 (“LRA”) does not make provision for an award made by the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to be appealed by an unsuccessful party. The reason being that an arbitration award issued by the Commissioner presiding over the arbitration is considered to be final and binding. However,


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

9th April 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:

29th March 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’.

Survival in the time of Covid-19: A basic guide for employers on retrenchment and alternative resolution mechanisms

24th March 2020|Labour Law, Litigation|

The rapidly evolving Covid-19 pandemic and the recent declaration by the President of the Republic of South Africa that a nationwide lockdown will be imposed for a period of 21 days to commence at midnight on 26 March 2020, will have severe and far-reaching implications for South African employers, especially those classed as small to


Working from Home – Some Legal Concerns

20th March 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

20th March 2020|Health & Safety Law, Labour Law|

The Occupational Health and Safety 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


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