covid 19

Where do we currently stand on Mandatory Vaccination Policies?

Not so long ago, CEO took a look at particular cases which had surfaced around the country pertaining to mandatory vaccination policies in the workplace. As I’m sure many are aware, this has been a very controversial topic over the past few months. There have been several cases before the CCMA and the Labour Court [...]

2022-07-26T12:27:55+02:00July 26th, 2022|General|Comments Off on Where do we currently stand on Mandatory Vaccination Policies?

Is an employee’s refusal to vaccinate an operational requirement, or does it constitute incapacity?

The CCMA first determined whether an employer may dismiss an employee based on incapacity in the matter of Theresa Mulderij v Goldrush Group, GAJB 24054-21. The CCMA found the dismissal of an employee due to her permanent incapacity to be fair and upheld the company's dismissal. In this case, the employee was unvaccinated, and her [...]

2022-06-07T13:50:29+02:00June 7th, 2022|Dismissal, General|Comments Off on Is an employee’s refusal to vaccinate an operational requirement, or does it constitute incapacity?

Development of Mandatory Vaccine Policies in Labour Law

Mandatory Vaccination Policies are still a hot topic for discussion within the Labour Law sphere. Several notable cases have surfaced over the past year, which has drawn a fair amount of attention. The matter which drew perhaps the most attention was the one of Theresa Mulderjj v Goldrush Group (GAJB 24054-21 – Dated 21 January [...]

2022-04-20T14:03:28+02:00April 19th, 2022|General|Comments Off on Development of Mandatory Vaccine Policies in Labour Law

Mandatory vaccinations in the workplace

In the past two years, the labour industry has been hard hit by the COVID-19 pandemic, and employers have since sought answers and solutions for an unforgiving economic environment. One of the most popular and most controversial topics regarding this is mandatory vaccinations in the workplace and how to go about it. Implementing mandatory vaccinations [...]

2022-03-30T11:44:54+02:00March 30th, 2022|General|2 Comments

The Arbitrator’s Approach to Interest Arbitrations

A recent study revealed that the coronavirus pandemic regulations have had a significant economic impact on small enterprises and the informal sector in South Africa, with over 3 million jobs affected. The study, titled "The Impact of COVID-19 on Micro and Informal Businesses in South Africa," noted that the COVID-19 pandemic and lockdowns were unprecedented [...]

2022-02-10T15:29:37+02:00February 10th, 2022|Arbitration|Comments Off on The Arbitrator’s Approach to Interest Arbitrations

Employers are faced with the challenge of balancing an employee’s right to privacy concerning his or her health status with the obligation to maintain a safe and healthy working environment

The COVID-19 pandemic has been declared a National Disaster, and as a result, some South African’s Constitutional Rights have been infringed upon to contain the pandemic. The pandemic has also had a devastating effect on our economy, and this “new normal” has become a way of life. Whilst employers have the duty to uphold employees’ [...]

2022-02-04T09:15:35+02:00February 4th, 2022|General|Comments Off on Employers are faced with the challenge of balancing an employee’s right to privacy concerning his or her health status with the obligation to maintain a safe and healthy working environment

The Temporary employer/employee relief scheme – A Potential lifeline for struggling businesses after the effects of COVID-19

It has been almost two years since the initial lockdown in March 2020, yet many businesses are still trying to stay afloat due to the effects that Covid-19 has had on the economy. While retrenchments or business rescue can often be quite expensive for the average business to consider, there is an alternative that may [...]

2022-02-02T15:01:27+02:00February 2nd, 2022|General|Comments Off on The Temporary employer/employee relief scheme – A Potential lifeline for struggling businesses after the effects of COVID-19

The Impact of Covid-19 in the Workplace: Fair or Unfair Discrimination

The conundrum currently facing employers is employee's safety and the assurance that productivity continues in these trying times. Our President, Cyril Ramaphosa, advised that there will not be mandatory vaccinations, but that has not been the reality on the ground. In terms of the Occupational Health and Safety Act of 85 of 1993, in particular, [...]

2021-12-03T13:33:44+02:00December 3rd, 2021|General|Comments Off on The Impact of Covid-19 in the Workplace: Fair or Unfair Discrimination

Dismissal resulting from non-compliance of  COVID-19 Health & Safety Guidelines

The Coronavirus has come, but it is far from gone. We find ourselves coming to terms with a new normal which has affected almost every facet of our lives. This is particularly true in the employment sector. The employer-employee dynamic has had to evolve to survive the times, and honesty between parties is paramount. So, [...]

2021-11-24T12:47:00+02:00November 24th, 2021|General|Comments Off on Dismissal resulting from non-compliance of  COVID-19 Health & Safety Guidelines

In a world of so much uncertainty, where does an employer stand?

On 25 August 2021, Kwa-Zulu Natal firefighters battled to contain a fire in a chemical factory in Durban, whereby massive damage had been reported. This factory, which manufactures resin, remains closed, and police continue to investigate the cause of the fire. From March 2020, till current, many South African employers have experienced and continue to [...]

2021-09-09T09:59:27+02:00September 9th, 2021|General|Comments Off on In a world of so much uncertainty, where does an employer stand?
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