In terms of the media statement dated 14 June 2021, issued by the Minister of Employment and Labour, Thulas Nxesi, it was stated that employers should find a reasonable solution for all parties where employees refuse to be vaccinated for medical and constitutional reasons. This was gazetted in the new direction on occupational health and [...]
Whilst government has made it clear that it does not intend on making Covid19 vaccination compulsory for citizens of our country, it remains to be seen how factors such as the availability of the vaccine and the possible mutation of the virus would impact this position in the years to come. With government implementing its [...]
The Covid-19 pandemic is a “force majeure”. Dictionary.com describes “force majeure” as unforeseeable circumstances that prevent someone from fulfilling a contract. Generally, employment contracts do not contain clauses that regulate circumstances should such a rare occurrence happen. In the event that such an occurrence presents itself, employer and employee usually revert to the common [...]
With terms like "business unusual" or "the new normal" being touted more and more frequently, are we expected to accept that existing rules simply don't matter or that they have been temporarily abandoned? Above is referring to the rules to which the Commission for Conciliation, Mediation and Arbitration (CCMA) are bound, essentially those that [...]
The Department of Employment and Labour has issued numerous Directives that address the occupational health and safety measures to be implemented in the workplace in response to COVID 19 and in an attempt to minimise the risk of spreading the virus in the workplace. In terms of the above Directive, this includes inter alia [...]
Employers have a duty to uphold an employee’s privacy regarding his or her health. At first glance, the duty to protect an employee’s private information is not problematic, however, the current regulations relating to Covid-19 has complicated the issue. Employers are faced with the challenge of balancing an employee’s right to privacy concerning his or [...]
Having reached the peak of the Covid19 pandemic, the need to limit oneself to possible risks of exposure has been heightened. Therefore, being required to attend labour disputes at venues like the CCMA may be disconcerting for many, and rightfully so. Numerous CCMA offices have been forced to close temporarily as a result of employees [...]
To date, there are over 275 000 confirmed cases of the virus in South Africa. Due to the close proximity of employees in workplaces, it is imperative that employers consider the risks posed by the virus and the legislative obligations as employers. On any day they run the risk of people who are infected with [...]
The amendments to the regulations come after President Cyril Ramaphosa announced the reintroduction of new lockdown restrictions on Sunday evening, 12 July 2020 as the country faces a surge in coronavirus cases. “The storm is upon us,” the President said. “More than a quarter of a million South Africans have been infected with coronavirus, [...]
Dear CEO Members Please note that on the 07th of July 2020, the Department of Employment and Labour spokesperson Teboho Thejane issued a statement in that the National Joint Operational Structure (NatJoints), consisting of various government departments in the security cluster has issued directives to law enforcement role players, including the South African Police [...]