Benjamin Franklin once said, “By failing to prepare, you are preparing to fail”, and that is exactly the kind of mindset an employer must have when it comes to industrial action. During October 2021, there was both an industry-wide strike as well as a nationwide strike. The former being organised by the trade union NUMSA and the latter by the by trade union federation COSATU. These ongoing strikes and protests have an enormous impact on the economic well-being of not only our economy as a...

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...