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Can a refusal to return to work during the COVID 19 pandemic constitute a misconduct?

As more of the economy open to allow the operation of a number of businesses under Lockdown Level 3, many employers and employees have one common fear, the fear of contracting the COVID 19 virus. However, at some stage, we must all face the reality of returning to work during this pandemic.   Employers may [...]

2020-06-15T14:24:30+02:00June 15th, 2020|Latest News|Comments Off on Can a refusal to return to work during the COVID 19 pandemic constitute a misconduct?

NBCRFLI: COUNCIL AGENTS INSPECTIONS AND CASE INVESTIGATIONS DURING NATIONAL LOCKDOWN

Dear CEO Members,   Since the President’s announcement of alert level 3 with effect from 1 June 2020, more sectors of the economy are opening for business.   To ensure work continuity and service provision to the Industry, the Council Agents will gradually resume conducting inspections and investigation of cases, while following the strict health [...]

2020-06-15T12:02:51+02:00June 15th, 2020|General, Latest News|Comments Off on NBCRFLI: COUNCIL AGENTS INSPECTIONS AND CASE INVESTIGATIONS DURING NATIONAL LOCKDOWN

NBCRFLI: EXTENSION OF TEMPORARY RELIEF MEASURES FOR THE DURATION OF THE RISK ADJUSTMENT STRATEGY PERIOD

Dear CEO Members,   NBCRFLI has decided to extend the following temporary relief measures to assist the industry in minimising the impact of COVID 19 for the duration of the National Lockdown. The temporary relief measures are as follows:   Holiday Pay Bonus Contributions and Wellness Fund Contributions 1.1. A company, which is not operating [...]

2020-06-15T09:24:25+02:00June 15th, 2020|Latest News|Comments Off on NBCRFLI: EXTENSION OF TEMPORARY RELIEF MEASURES FOR THE DURATION OF THE RISK ADJUSTMENT STRATEGY PERIOD

CLEARING UP THE AIR: DEPARTMENT OF EMPLOYMENT AND LABOUR’S CHIEF INSPECTOR ANSWERS QUESTIONS ABOUT EMPLOYEES WHO TEST POSITIVE FOR COVID 19 AND WHETHER THEY CAN RETURN TO WORK.

In recent weeks, the burning issue has been whether employees who do not test negative for the COVID 19 disease will be permitted to return to the workplace.  The conundrum has been created by a crafty confusion of terminology and media mongering.  “To not test negative” as the Chief Inspector of the Department of Employment [...]

2020-06-12T13:24:42+02:00June 12th, 2020|Latest News|Comments Off on CLEARING UP THE AIR: DEPARTMENT OF EMPLOYMENT AND LABOUR’S CHIEF INSPECTOR ANSWERS QUESTIONS ABOUT EMPLOYEES WHO TEST POSITIVE FOR COVID 19 AND WHETHER THEY CAN RETURN TO WORK.

How far should an employer’s leniency stretch regarding minor workplace offences during the COVID 19 Lockdown

There is no legal requirement on an employer to be more lenient during this period of lockdown due to the COVID 19 pandemic for minor forms of misconduct, or any form of misconduct for that fact. However, an employer must bear in mind other factors that will affect how misconduct is handled during this time [...]

2020-06-10T15:05:18+02:00June 10th, 2020|Latest News|Comments Off on How far should an employer’s leniency stretch regarding minor workplace offences during the COVID 19 Lockdown

VOORHEEN ONGEREGISTREERDE WEKNEMERS MAG NOU OOK DIE VOORDELE VAN COVID 19 TERS GENIET

Die Casual Workers Advice Office (CWAO) het verlede week ‘n dringende aansoek by die Arbeidshof ingedien namens ongeregistreerde werkers. Dit is werkers wat nie deur hulle werkgewers by die Werkloosheidsfonds geregistreer is nie. Die aansoek is gebring nadat daar gevoel is dat daar onregverdig teen werkers gediskrimineer word op grond van ‘n doen en late [...]

2020-06-09T12:29:19+02:00June 9th, 2020|Latest News|Comments Off on VOORHEEN ONGEREGISTREERDE WEKNEMERS MAG NOU OOK DIE VOORDELE VAN COVID 19 TERS GENIET

Technological Advancements in the Labour Sphere as JHB Labour Court rules in favour of Retrenchment Negotiations via ZOOM

We at CEO previously brought you an article regarding retrenchment negotiations during the lockdown, discussing the difficulties of consulting with employees face-to-face.   We confirmed that, in this new mask-wearing, social distancing way of life, modern technology can assist an employer in fulfilling its’ obligation under section 189 of the Labour Relations Act to meaningfully [...]

2020-06-08T15:18:49+02:00June 8th, 2020|Latest News|Comments Off on Technological Advancements in the Labour Sphere as JHB Labour Court rules in favour of Retrenchment Negotiations via ZOOM

UPDATE AND INFORMATION IN TERMS OF THE COVID19 ALERT LEVEL 3

Dear CEO MIBCO Members   The Motor Industry Bargaining Council has issued a circular indicating how the council will be operating under level 3 of lockdown. Herein is a summary of information that will affect employers and employees of the Motor Industry under the said alert level:   IN TERMS OF NATIONAL STATE OF DISASTER [...]

2020-06-08T13:26:26+02:00June 8th, 2020|Latest News|Comments Off on UPDATE AND INFORMATION IN TERMS OF THE COVID19 ALERT LEVEL 3

NEWSFLASH: Navigating through Retrenchments

The ongoing Corona Virus has caused a complete somersault of the way we live and interact.  The courts and how they handle cases have not been spared by the upheaval caused by the Coronavirus.  The economy has been battered by the closure of businesses, and this has led to job losses on a grand scale. [...]

2020-06-08T10:53:13+02:00June 8th, 2020|Latest News|Comments Off on NEWSFLASH: Navigating through Retrenchments

Judge Davies declares Level 4 & 3 Regulations Unconstitutional & Invalid

In a judgment handed down by the High Court of SA (Gauteng Division, Pretoria), Judge Davies has declared the Level 4 & 3 Lockdown regulations unconstitutional and invalid, and has further ordered that the Minister pay the costs of the 1st and 2nd Applicant (R D de Beer & Liberty Fighters Network).   The declaration [...]

2020-06-03T10:48:05+02:00June 3rd, 2020|Latest News|Comments Off on Judge Davies declares Level 4 & 3 Regulations Unconstitutional & Invalid
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