CAN AN EMPLOYEE UNILATERALLY WITHDRAW HIS OR HER RESIGNATION?

This was the question the court had to answer in the matter of Monareng Jeffrey Mohlwaadibona vs DR JS Moroka Municipality. The Applicant resigned on the 1st of April 2021 with immediate effect due to ill health. On the 15th of April 2021, however, after having miraculously recovered, he requested to withdraw his resignation. Having […]

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MOONLIGHTING OR SIDE HUSTLES IN SOUTH AFRICA

What is moonlighting? Moonlighting can be described as doing more than one job at a time. For example, persons may have a side job or a part-time job which they do after they leave their day job. These jobs are usually done at night or at odd times when the employee has the time. This […]

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CAN THE EMPLOYER DISMISS AN EMPLOYEE FOR REFUSING TO TESTIFY?

The employee was appointed as an assistant administrator in 2012 and was later promoted to a human resources admin clerk position. While busy performing her duties, the employee overheard raised voices in a colleague’s office. She then rushed in to separate the colleagues, one of whom was Mr Maili. As a result of the incident, […]

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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 […]

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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 […]

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CAN I DISMISS MY EMPLOYEE FOR REFUSING TO SIGN A NEW CONTRACT?

Labour legislation does not require an employment contract to be in writing.  However, Section 29 of the Basic Conditions of Employment Act provides that certain written particulars of employment must be provided for as a minimum. Every employer is legally obliged to provide all employees with these minimum particulars in writing not later than the […]

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