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Labour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary or incapacity enquiry processes, and the tradition of the usage of these processes has built up an expectation that they are mandatory.
A common occurrence in the employment relationship is for an employee to resign in the face of disciplinary action by an employer, and South African courts have previously accepted that as long as an employee resigns with immediate effect, the employer has no power to compel the former employer to go through any disciplinary process.
A recent bill submitted to Parliament for consideration would seek to impose potentially stringent new quotas for numerical targets for the employment of persons from designated groups.
An interview with Jacques van Wyk, Director, Werksmans Attorneys, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing an article penned by Bradley Workman-Davies, Director, Werksmans Attorneys, in the August/September edition of BusinessBrief, apropos an important recent judgement in the Johannesburg High Court which has provided some clarity with regard to no-work no-pay during the lockdown.
The Compensation Commissioner published, by way of Government Gazette, a ‘Notice on Compensation for Occupational-Acquired Novel Corona Virus Diseases (COVID-19). The Notice came into effect on 23 March 2020. In order to qualify, the occupational acquired COVID-19 disease (OACD) must have been contracted by an employee in the course of his or her employment.
A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds light on how these parallel sources of the parties rights and obligations operate in conjunction.
It may surprise many employers to realise that there are currently no legal obligations placed on employers to give an employee any retirement benefits, and very often the employee is left to make his own arrangements.
South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices.
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