Tag: legalcompliance

The Compensation for Occupational Injuries and Diseases Act (COIDA) requires the state’s Compensation Commissioner to compensate employees for losses resulting from workplace injuries. This applies when an injury complies with the legal definition. Some employers also acquire workplace injury cover from private insurance companies. However, these companies sometimes reject claims and create unnecessary workplace slip-ups for employees seeking compensation.

The Plaintiffs operated restaurant businesses and appointed the defendant as their insurance broker. The defendant's mandate required it to procure commercial insurance on the Plaintiffs' behalf. On 4 June 2019, the defendant obtained policies from Renasa Insurance Company Ltd. However, these policies did not include an extended business interruption clause covering losses arising from infectious disease outbreaks.

The Labour Appeal Court (LAC) has handed down a significant decision addressing a question that many employers and legal practitioners regularly confront. Can a disciplinary chairperson reject a lenient sanction emerging from a plea-bargaining process? The LAC answered this question in South African Police Services vs Mkonto and Others. The judgment also highlights the limits of leniency within disciplinary proceedings.

When arbitrators and judges assess whether a dismissal was fair, they must apply the objective test. In simple terms, they must decide whether a reasonable person would conclude that the conduct justified dismissal. This assessment must remain unemotional and evidence-based. However, misunderstanding the objective test often leads to incorrect conclusions.

With effect from 22 April 2025, the Gauteng Division of the High Court introduced mandatory mediation before civil trials. As a result, parties must first undergo mediation before applying for a trial date. In practical terms, mediation is not optional in civil litigation within this division.