Certain Workplaces refers to the fact there are some workplaces that are excluded from the application of the provisions of the Consolidated Directions on Occupational Health and Safety Measures. These Directive does not apply to: Workplaces excluded from the OHS Act in terms of Section 1(3) of the OHS Act. These are: Mines, mining Areas or works in terms of the Minerals Act, ships, boats or cranes in terms of the Merchant Shipping Act; In respect of which another Minister has issued a...

The amended and consolidated directive on occupational health and safety measures in certain workplaces was published on 11 June 2021. IMPORTANT: Employers must undertake a risk assessment within 21 days of the new directives coming into effect (11 June) and decide whether, and to what extent vaccinations will be made mandatory in the workplace. In terms of previous COVID-19 directives, employers were already obliged to draw up Return to Work Plans (“RTW Plan”). SEESA assisted its clients by...

Employees have a duty to work the hours required of them, with the substantial amount of public holidays during this time of the year, there has been an increase of employee absences without good reason, leave or permission. Many employers are unsure how to deal with such absences appropriately. Firstly, it should be noted that employee absence and the failure to inform the employer of said absence are two separate offences. Should an employee be absent, even with good reason, and not inform...

The majority of employers are under the impression that the results of a polygraph test alone are sufficient to prove their case against the employee during a disciplinary hearing. This is unfortunately not the case.   When it comes to polygraph tests, there is no legislation guiding us in that regard, and therefore we have to rely solely on case law. When the employer intends to use a Polygraph test, he/she needs to consider some...

COVID-19 has had a tremendous impact on our economy. Now that a vaccine is finally becoming reality it is not surprising that many employers are looking towards the vaccine as a possible way of bringing normality to their businesses.  The question that everyone is asking is; can employers insist that their employees are vaccinated against COVID-19?  The short answer is; No, except in exceptional circumstance.  There...