By Sharusha Moodley It may happen that an employee’s misconduct does not fall within the express terms of an employer’s disciplinary code. E.g., the misconduct complained
When is an employer liable for sexual harassment in the workplace? The Labour Court addressed the question of the employer’s vicarious liability in National Union
Is it constitutional to force an employee to be vaccinated against Covid? The opinion worldwide seems to be that there must be a balance between
A client asked: “Can my employee keep me on as a temporary employee, indefinitely, and dismiss me whenever it feels like it?” Regarding temporary employment
Can an employer dismiss an employee if he fails a lie detector test? The Labour Appeal Court dealt with this issue in DHL Supply Chain (Pty)
What is an accident at work? The Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA“) defines an accident as “an accident arising out of
Editor’s note: since writing this article, the Department of Employment and Labour in South Africa issued guidance on vaccination policies in the workplace. Employers seeking
The Covid-19 pandemic has sown fear and confusion. People have lost their jobs and others are scared to go to work and be with co-workers.
Can an employee resign with immediate effect in the face of misconduct allegations? There have been conflicting decisions and uncertainty whether an Employer can still
What happens if a business is forced to close because of Covid-19 and it becomes impossible for an employer and employee to perform under an
