Since the pandemic's start, there have been various amendments regarding the National State of Disaster and its regulations regarding the different lockdown levels. In brief, with the level 5 lockdown, the hard lockdown, employers utilised employees annual leave to this period to pay them their full salary and subsequently claimed this amount back from TERS. Many employers have further been obtaining assistance from the TERS scheme throughout the pandemic. The question that now arises, as the...

Constructive dismissal can occur in many forms. Unfortunately, there are no cut and dried rules on what adds up and does not add up to constructive dismissal. Hence it remains a thorny issue to tackle. The increased rate of resignations with or without notice is quite alarming. It is logical to assume that most of the resignees have ulterior motives when they resign. Therefore, employers should be alarmed. The CCMA has been receiving a load of constructive dismissal cases in recent years. This...

On 15 September 2021, the MEIBC issued a certificate of non-resolution in the ongoing wage, and substantive issues dispute in the industry. In terms of the Labour Relations Act (LRA), the next step in the process is now for the parties to agree on picketing rules. If the parties cannot agree on picketing rules, the matter must again be set down at the MEIBC for a commissioner to determine the picketing rules. Only after picketing rules are in place will NUMSA be entitled to proceed to strike...