Archive | Resource

comparative piece: the effect of workplace vaccination policies on employment

Since the arrival of Covid-19 employers have shifted towards implementing mandatory vaccination policies in their respective workplaces. This is primarily due to their operational requirements and obligations in terms of the Occupational Health and Safety Act 85 of 1993. Workplace vaccination policies, whether mandatory or otherwise, have been the focus in various disputes before the […]

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Derivative Misconduct and the Duty of Good Faith: When can an Employee be Dismissed for Derivative Misconduct?

What is derivative misconduct and when does it occur? An employer must have a fair reason for dismissal in order to satisfy the element of substantive fairness. Misconduct is one such reason. Derivative misconduct refers to cases where an employee has knowledge of misconduct by other employees/ co-workers and opts not to disclose it to […]

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May an employee refuse its employer’s instruction to give evidence at arbitration to which the employer is an interested party?

Kaefer Energy Projects (Pty) Ltd // CCMA & 2 Others [2021] (LAC) Can an employer instruct an employee to give evidence at arbitration on its behalf? Is it misconduct if the employee refuses to do so? This topic was dealt with in the abovementioned case.  Background: Ms. Lifa Sukazi was employed with Kaefer as an […]

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Tech Giant Huawei to Tread Lightly after Employment Equity and Immigration Violations

The Chinese ICT superpower, Huawei has found itself in quite the predicament with the Department of Employment and Labour (the Department) for not employing enough South African employees at their South African division.  In a statement issued by the Department on 11 February 2022, the Department confirmed that court action had been taken against Huawei […]

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ARE DISCUSSIONS DURING CONCILIATION PROCEEDINGS STRICTLY OFF THE RECORD?

September & others // CMI Business Enterprise CC [2018] ZACC Rule 16 of the Commission for Conciliation, Mediation and Arbitration (“CCMA”) confirms that the information discussed during conciliations is private and confidential and may not be disclosed in subsequent proceedings. However, the Constitutional Court (“CC”) has confirmed that in certain instances where it would assist […]

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EMPLOYEE BEHAVIOUR ON WORKPLACE WHATSAPP GROUPS AND OTHER SOCIAL MEDIA PLATFORMS

Mihloti Caution Nkuna // Outsurance Insurance Company Limited [2021] 4 BALR 408 (CCMA) There is no doubt that advancements in technology in recent years have drastically changed the working environment and created opportunities for a ‘gig economy’ to develop. The COVID-19 pandemic has also forced a change in the working environment resulting in the more […]

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