LABOUR LAW ARTICLES
Code of good practice on the prevention and elimination of harassment in the workplace.
Under the Employment Equity Act, the Minister of Employment and Labour has published on 03 March 2022 the new: CODE OF GOOD PRACTICE ON THE
Independent Workplace Investigations
What is a workplace investigation? Bregman Moodley Attorneys conduct independent and objective workplace investigations to establish the facts relating to significant wrongdoing, misconduct, or ethical
Can an Employer exercise discipline over an employee for off-duty misconduct?
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
Sexual harassment and when the business is liable
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
Can I be fired if I refuse to be vaccinated?
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
Temporary employment laws in South Africa
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
Polygraph tests in the workplace
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)
Damages sustained at work – who is liable?
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
Can an employee be fired for refusing to be vaccinated?
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
Can I refuse to go to work during the lockdown?
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.
Resignation with Immediate effect in the face of Misconduct Allegation
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
Employment rights under lockdown
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