The COVID-19 pandemic has brought uncertainty in most instances, like when to appoint someone as a part-time employee or full-time employee. As the economy is hankering toward the “normal”, meaning pre-COVID-19, employers may be sceptical about appointing full-time employees for fear of another hard lockdown on businesses and not being able to pay salaries to employees. Such fear may push employers to lean towards appointing people on a limited duration contract, making them part-time...

The Labour Relations Act 66 of 1995, as amended (the Act), entitles employees to embark on a protected strike action despite not having a certificate issued by the CCMA / Bargaining Council, which would ordinarily render the strike protected. The Act recognises five instances in which an employee will not have to comply with the requirements of section 64(1) of the Act. This article will focus on circumstances where an employer has unilaterally changed its employee’s conditions of employment....

In many cases, this question can be answered in the affirmative. Still, it remains the chairperson’s final decision as he must ensure a due and proper process is followed, especially if the case should be referred for arbitration at a later stage.  A disciplinary hearing aims to ensure that all parties are heard. Most importantly, an accused employee has an opportunity to lead evidence in rebuttal of the charges and challenge their accusers’ assertions before a final sanction can be...

It is important to note that not all South Africans adhere to the practice of western medicine. This aspect becomes particularly difficult if you are an employer within our Republic. The question now arises whether employers should accept certificates from traditional healers and if they should carry the same weight as a medical certificate from a doctor practising western medicine. In the Kieviets Kroon Country Estate Pty Ltd v Johanna Mmoledi and others, an employer did not accept an...

Depression for many generations, has been considered a taboo subject. According to the World Health Organisation, the COVID pandemic has caused a 25% increase in depression worldwide and whilst one pandemic has ended, another has begun. With the prevalence of depression being a common illness in the workplace, the question is whether depression can be raised as a valid defence against misconduct? In the case of Legal Aid vs Jansen, the labour court of appeal was challenged with the same...