An interesting matter which we’ve recently had to deal with is whether an executor/executrix of a deceased person will be able to proceed with a dispute in the Commission for Conciliation, Mediation and Arbitration (CCMA) on behalf of the deceased for the benefit of his/her estate? In the matter of Estate Late Mavuna & Another v National Sorghum Breweries Ltd (1996) 17 ILJ 785 (IC), the Court held that: ‘The stage of litigation, against which the right to transit a claim from a deceased to...

Since the first COVID-19 lockdown was implemented on the 26th of March 2020, we have been forced to adapt to a rapidly developing digital environment. Business keeps on running, and the work never stops, whether it being in the form of work from home or working at the place of employment. With face to face consultations between employer and employee/s not always possible, either due to national restrictions under the various alert levels or the contribution that it has in the rise of COVID-19...

COVID-19 has resulted in many emotional, physical and psychological issues, for example, the issue of job security, retrenchments, the loss of loved ones, financial difficulties, dealing with the aftereffects of COVID, the loss of income and most importantly, the uncertainty of the future. Employees are struggling to deal with their personal problems, and employers are faced with insolent and disrespectful employees. The fact that they are not in the position to solve their personal problems...

As winter creeps in, employers are faced with the dilemma of having to discipline employees who were sleeping whilst on duty. Even though there are but a few things as rejuvenating as a “power nap”, most employers would agree that only a few things reek of unprofessionalism as much as an employee who is sleeping on duty. But the question remains, is it possible to dismiss an employee who was caught sleeping on duty. In terms of the Labour Relations Act, it is inappropriate to dismiss an...