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 […]

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 […]

Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat // CCMA & 2 Others [2021] (LAC) In this day and age it is not uncommon for individuals to have full time employment and side-hustles. These side-hustles are often with a view to making extra money to substitute their permanent employment income. While this may not normally be […]

Nkuna // Outsurance Insurance Company Limited [2021] 4 BALR 408 (CCMA): Arbitration award 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 […]

When moving employment between employers within the same industry, who may be competitors, it is important to first consider the impact any existing restraint of trade may have on the employee and his/her new employment.