COVID-19 Practical Guide For Employers During The Lockdown.Written By Hendrik van Niekerk On 23 March 2020, President Cyril Ramaphosa took a drastic and unprecedented step by declaring a nationwide lock-down set to begin at 23h59 on Thursday and end on 16 April 2020 in an attempt to curb the spread of the novel coronavirus. Who will be affected? The lock-down will affect everyone and nobody will be allowed to leave their homes for 21 days, unless under strictly controlled circumstances as...

The CCMA has accepted “sufficient representation” to be at least 30% of the employees in the workplace. A union represents the majority of the employees if such representation is 50%. Sufficient representation equals to the union having 30% representation within the company they are entitled to. Section 12, Trade Union Access to Workplace and Section 13, which the company facilitates the deduction of the union subscription of their employees. Should a union achieve majority representation they...

How far does an employer’s obligation stretch in accommodating an employee’s religious beliefs and practices in the workplace? In South Africa, we live in a cosmopolitan world with different religions. In an ever-evolving working environment, the great challenge for employers is to accommodate all the different religions, as well as aligning all the employee’s respective rights. In terms of section 15(1) of the Constitution of the Republic of South Africa, everyone has the right to freedom of...

One of the ways that an employment relationship is terminated is through resignation by the employee. This usually requires the employee providing notice to the employer in line with his/her contract of employment, alternatively in terms of the minimum statutory notice periods prescribed by the Basic Conditions of Employment Act[1]. It is, however, not uncommon for employees to tender resignation letters with immediate effect, meaning the employee would cease work on the date the resignation...

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On the 18th of September 2018, The Constitutional Court decriminalised the use of cannabis in private surroundings and with the cabinet that has given the go-ahead to the official proposals made by the Cannabis for Private Purposes Bill of 2020. The legislation will now be passed through Parliament before receiving its final approval. Safety concerns are usually a company's main reason for prohibiting cannabis in the workplace as usage has been linked to an increase in job accidents and...