Tag: Disaster Management Act (DMA)
COVID-19 admission policies – the Labour Court weighs in
A recent Labour Court judgment has upheld an employer’s right to require employees to have a COVID-19 vaccination or provide a weekly negative test if they decline to be vaccinated, but it leaves several important questions unanswered.
Ending state of disaster only the first step in restoring constitutional...
It seems conceivable that the state of disaster declared under the Disaster Management Act (DMA) in 2020 might soon end. This would involve the removal of various regulatory restrictions South Africans have been burdened with to cope with the spread of COVID-19.
CCMA vaccination dismissal ruling unlikely to be final word on issue
On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement on the fairness of a dismissal following an employee’s refusal to receive the COVID-19 vaccination.
COVID-19 compliance – where does alcohol fit in for businesses?
Since March 2020, South Africans have had to comply with various COVID-19 restrictions implemented by the government to contain the spread of the virus. To this end, businesses have dealt with limitations on capacity and their operational hours, while patrons must meet face mask and sanitisation requirements.
Effects of COVID-19 Block Exemption for the retail property sector
On 23 April 2021, the Competition Commission published a notice in the Government Gazette in which it, inter alia, indicated that it had published its final non-confidential report of the commission’s findings on the impact of the COVID-19 Block Exemptions and the commission’s advocacy and enforcement work.
Factoring COVID-19 into the complex dynamic onboarding process
COVID-19 has brought another dynamic in managing the safety of employees on-site and has further complicated the process of onboarding. Clients now need to implement comprehensive back-to-work plans in order to quickly identify high-risk individuals, and those who have recently travelled in so-called ‘hotspots’.
Political freedom in the age of COVID-19 pandemic
It is no secret that government leaders have access to increased power in light of COVID-19. Constitutional institutions such as parliament, which are supposed to provide oversight, have taken a backseat. The pandemic is unprecedented as it is not only a health issue, but also a socioeconomic and security threat. But at what cost does ‘securing the threat’ come?
Battle of personalities in America, South Africa, distracts from importance of...
Over the past few weeks, the world stood witness to the spectacle of American politics in the twilight of Donald Trump’s presidency. Many in South Africa joined as keen observers. This episode, like many before it, again highlighted the importance of institutions and the ideas that underlie them – a reality often neglected in the realm of the politics of personality.
Adverts obliged to align with COVID-19 regulations
In a recent decision by the Advertising Regulatory Board against FlySafair, the board found that compliance with COVID-19 regulations extends to 'make-believe' marketing initiatives such as advertisements or commercials. The COVID-19 pandemic has had a devastating impact on many businesses, which have been irreparably harmed by the lockdown restrictions.
DMA vs LRA: what is considered an ‘essential service’ in strike...
The issue is whether an essential service in terms of the Disaster Management Act (DMA) is deemed an essential service for the purposes of the Labour Relations Act (LRA), thus barring employees from engaging in protected strike action.