FAIRLY ADDRESSING EMPLOYEE MENTAL HEALTH RELATED ISSUES IN THE WORKPLACE

We have experienced a marked increase in clients seeking  legal advice on how lawfully and fairly to deal with employees in the workplace who may be suffering from a mental health illness or experiencing difficulties, which are in turn negatively impacting on their behaviour and/or performance.  While mental health related issues in the workplace  are […]

Continue Reading

PRESCRIPTION OF ARBITRATION AWARDS

FAWU obo Gaoshubelwe v Pieman’s Pantry (Pty) Ltd [2018] 6 BBLR 531 (CC) Is the Prescription Act 68 of 1969 (“PA”) compatible with the Labour Relations Act 66 of 1995 (“LRA”) and how does such (in)compatibility affect the prescription of arbitration awards? In the abovementioned matter Appellant, represented by the union, was dismissed for participating […]

Continue Reading

RETRENCHMENTS – THE WHATs, WHENs AND HOWs Webinar

Justine presented a webinar in association with BAN discussing retrenchment which was hosted by Shane Webb. In the webinar, Justine discussed understanding the mechanism to safely and fairly reduce the size of one’s workforce to cut costs, or to restructure an existing organization to improve efficiencies is critical to all business owners, particularly in these […]

Continue Reading

COVID-19 WORKPLACE HEALTH AND SAFETY PROTOCOLS MUST STILL BE TAKEN SERIOUSLY

Eskort Limited // Stuurman Mogotsi and 2 others JR1644/20 [2021] ZALCJHB 53 Introduction While many South Africans may have become desensitised to the current COVID-19 pandemic, the legislation implemented to protect employees within the working environment is still very much in force and must at all times be adhered to by employers and employees. The […]

Continue Reading

RETRENCHMENT – DOES A FAILURE TO ACCEPT A CHANGE TO TERMS AND CONDITIONS OF EMPLOYMENT RESULT IN AN AUTOMATICALLY UNFAIR DISMISSAL?

National Union of Metal Workers of South Africa vs Aveng Trident Steel and another [2021] 1 BLLR 1 (CC) Introduction Does the refusal by an employee to accept a change to terms and conditions of employment as an alternative to retrenchment constitute a “refusal to accept a demand in respect of any matter of mutual […]

Continue Reading

The Uber SA Case

Justine Del Monte was interviewed on Power FM and Smile FM regarding the Uber SA case of whether drivers are employees or not, and thus have rights to any more benefits. Please listen below: Power FM https://www.gate5.co.za/read/119512/qv/91351527/17479321/32579/p Smile FM https://www.gate5.co.za/read/119512/qv/91359101/17479464/32579/p If you have any questions related to this case please contact our offices at 021 […]

Continue Reading

LOCKDOWN PROS & CONS

PROS AND CONS EXPERIENCED BY EMPLOYERS AND EMPLOYEES DURING LOCKDOWN We can say with a great amount of certainty that when President Ramaphosa informed the country of the national lockdown most employers and employees were unprepared for the challenges associated with the lockdown. Notwithstanding the challenges, many companies found their footing a few months down […]

Continue Reading