As the COVID-19 pandemic lifts, normality slowly returns to SA inclusive of employees returning to the office. While some employees enjoyed remote working but want to return to the office, others have become accustomed to either solely remote working or a hybrid thereof, i.e. working from home and the office. While these working premises changes […]
The Doctrine of Common Purpose is derived from criminal law principles. In essence, the Doctrine “ … imputes liability for an act of the perpetrator of a criminal act to those who associate themselves with the act before or during its commission.”. As the implications of such imputed liability may seriously affect another individual’s rights, […]
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 […]
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 […]
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 […]
12.01.2021 Shenaaz Padayachee // Interpak Books (Pty) Ltd 2014 (LC) Employers are often faced with instances where an employee’s actions have resulted in the employer incurring loss or damage. Instances where the employee is genuinely to blame, employers may wish to recover these losses or damages from the relevant employee. What right of recourse would […]
With the power of love making some silly, it is important to remember not to blur the lines (#queRobinThickeAndPharell) of appropriate and inappropriate behaviour within the workplace. While that special someone may be a co-worker, bear in mind that workplace romances may literally and figuratively end in tears. A co-worker may cry ‘wolf’ if the […]
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 […]
