Tag: Occupational Health and Safety Act (OHSA)
Alcohol and drug testing – some do’s and don’ts for employers
The law on intoxicating substances in the workplace is clear. The Occupational Health and Safety Act places a strict obligation on employers to ensure that they do not allow entry to the workplace if an individual is intoxicated, whether under the influence of alcohol or drugs.
CCMA speaks again on mandatory vaccination policies
Hot off the heels of a number of awards by the Commission for Conciliation Mediation and Arbitration (CCMA) which upheld mandatory vaccination policies in the workplace, the CCMA has recently declared mandatory vaccination policies to be unconstitutional.
Unpacking the new mandatory vaccinations Code of Practice
On 4 April 2022, President Cyril Ramaphosa announced that the National State of Disaster would be lifted with effect from 00:00 on 5 April 2022. One of the effects of this is that the Code of Good Practice: Managing Exposure to SARS-COV-2 in the Workplace (Code) became effective on 5 April 2022.
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.
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.
CCMA dismissal for mandatory vaccine refusal
On 21 January 2022, the first Commission for Conciliation, Mediation and Arbitration (CCMA) decision relating to mandatory vaccinations in the workplace was issued. The Commissioner found that the employee's dismissal for incapacity arising from her refusal to vaccinate was both procedurally and substantively fair.
Job seekers have the opportunity for flexibility and security
South Africa has one of the highest unemployment rates globally, which results in significant economic challenges. It has also created a growing contingent of discouraged job seekers, who have effectively given up on trying to secure employment, which exacerbates the issue.
Guide to implementing a mandatory vaccination policy in the workplace
The Department of Employment and Labour introduced the Consolidated Direction on Health and Safety in Certain Workplaces on 11 June 2021. Effectively, it permits employers to introduce a mandatory vaccination policy provided certain conditions are met.
Mandatory vaccination in the workplace – considerations for employers
Several corporations have recently announced that they will implement mandatory vaccination at their workplaces, and possibly many more will follow. This important development will hopefully result in a few unanswered questions around mandatory vaccination finally being tested (and answered) before our courts (including, among other things, disciplining employees in this context).
Civil unrest and public looting – managing key employment issues
Employers seeking an appropriate response to the civil unrest and public looting in Gauteng, KwaZulu-Natal and other parts of South Africa will have to consider different factual circumstances. As a result of the civil unrest and public looting in Gauteng, KwaZulu-Natal and elsewhere, employers may face one of the three scenarios.
