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 […]

Standard Bank of South Africa Ltd v Nombulelo Cynthia Chiloane [2021] 4 BLLR (LAC) The employee mistakenly processed a fraudulent check resulting in the loss of approximately R30 000.00 for which the employer was held liable. The employer issued the employee with a notice to attend a disciplinary hearing whereafter the employee handed in her […]

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 […]

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 […]

LEGISLATIVE AMENDMENTS GEARED TO PROTECTING DOMESTIC WORKERS Domestic workers (“dw“) and their contributions toward the growth of South Africa and its economy has previously not been recognised. Unfortunately, most dw are faced with poor employment conditions, are not properly remunerated for their work and generally undervalued. There does now however appear to be a shift […]

HOW TO BECOME AN ATTORNEY OR ADVOCATE AND THEIR DIFFERENCES To become an attorney, one must first complete a Batchelor of Laws (LLB) degree at a recognised university in South Africa. Thereafter one must secure articles of clerkship, a form of an internship, at a practising law firm as a candidate attorney or clerk. Articles […]

The CCMA confirms that while it is still unable to re-open its doors to the public it continues to perform its functions via email, telephone and web-based platforms. Please read their advisory notice below:

NATIONAL LOCK DOWN: EMPLOYERS RESPONSIBILITY TO CLAIM UIF FOR THEIR FOREIGN NATIONAL EMPLOYEES AND RELATED VISA ISSUES The South African government has implemented the National Disaster Benefits Fund (“the Fund”) which is aimed at providing limited financial support to employees affected by the implementation of the lock down. The Fund is administered through the Unemployment […]

UPDATE AND CLARITY ON THE DIFFERENCE BETWEEN THE NATIONAL DISASTER BENEFIT FUND AND THE TEMPORARY EMPLOYER/EMPLOYEE RELIEF SCHEME We continue to receive numerous queries relating to the National Disaster Benefit Fund (“NDBF”) and Temporary Employer/Employee Relief Scheme (“TERS”) Government implemented as a result of COVID 19 and the national lock down. There seems to be […]

SIMPLE GUIDE FOR EMPLOYERS CLAIMING UIF BENEFITS FOR EMPLOYEES AFFECTED BY THE LOCK DOWN   If your business is not deemed an essential service during the lock down and your employees are on temporary layoff or working reduced hours you, as employer, can apply to UIF for payments for those affected employees. UIF has indicated that […]