In a recent CCMA case between Theresa Mulderij and Goldrush Group (case number GAJB 24054-21), the Commissioner ruled that the dismissal of an employee for refusing to be vaccinated against COVID-19 was substantially fair. The background to the facts was that the employer had adopted a COVID-19 vaccine mandate, and the employee refused to get […]
Read more...Category: COVID-19
WHAT YOU NEED TO KNOW AS A SUBCONTRACTOR DURING COVID-19
In an earlier article published, we discussed how COVID-19 has brought about unprecedented events. Employers might find themselves in a challenging position of ensuring the health and safety of their employees as directed by the Occupational Health and Safety Act 85 of 1993, versus not breaching any legislative requirements or employee rights to fair labour […]
Read more...Can my employer force me to get a Covid-19 vaccine?
With the daily rise in COVID-19 infections in the country, and the Government heeding to the call for South Africans to be vaccinated, we are indeed living in unprecedented times. One can argue that the labour market has been the hardest hit by this pandemic. With unprecedented times, come unprecedented measures that need to be […]
Read more...Covid-19 and Wills
Covid-19 made a lot of people realize that we are not immortal. Covid-19 hence also made a lot of people realize that they should have a will. If you die without a will, an act of Parliament, namely the Intestate Law of Succession, 1987 prescribes who will inherit your estate. This is one very good reason to rather […]
Read more...RETRENCHMENT AND COVID-19
INTRODUCTION On 01 June 2020, IOL reported more than 28 000 cases referred to the CCMA by employees who have either been retrenched or dismissed. One of the unintended consequences of the continued implementation of Covid-19 Regulations is the financial strain that countless employers/business owners are faced with. Such a strain may lead employers to […]
Read more...Can I legally get married during the lockdown period?
To answer this question, we must first take a look at the legal requirements of a valid marriage. The requirements of a valid marriage are set out in Section 29 of the Marriage Act 25 of 1961. 29 Time and place for and presence of parties and witnesses at solemnization of marriage and validation of […]
Read more...You can now purchase necessary hardware and automobile repair equipment
On 16 April 2020 the Minister of Cooperative Governance and Tradition Affairs, Dr Nkosazana Dlamini Zuma declared that hardware, components and supplies may be sold to qualified tradespersons, but only for the purpose of emergency repairs at residential homes, or to any entity engaged in the provision of essential services for any project related to […]
Read more...Lockdown: what does it entail for me as landlord or tenant?
Did you recently find yourself in a position where your tenant has cancelled his lease agreement prior to the lockdown and agreed to vacate within the lockdown period? Or is your tenant in arrears and you want to evict him/her? Many questions arise as a result of this scenario which amongst others include two main […]
Read more...Impossibility to perform due to COVID-19
On 23 March 2020 the President of the RSA, in response to the global pandemic COVID-19,announced a 21-day lockdown (“the Lockdown”), which commenced on 26 March 2020 at 23:59 pm. The Lock-down entails that every person, subject to certain exceptions, is confined to his or her place of residence. The inevitable effect of the Lock-down […]
Read more...Contact rights and Covid-19
In these unprecedented times, many South Africans are still trying to adjust to life under lockdown amidst the Covid-19 pandemic. In an attempt to limit the spread of the virus, we have been forced to retreat to our homes in compliance with the President’s regulations. “For the period of the lockdown, every person is confined […]
Read more...