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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Do domestic workers and gardeners have the same rights as other employees?

The Constitutional Court of South Africa was faced with an issue concerning domestic workers.  The issue arose from the Compensation for Occupational Injuries and Diseases Act (“COIDA Act”) because it excluded domestic workers who are employed in private households from the definition of “employee” in the COIDA Act.  The consequence of that exclusion was that […]

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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 […]

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Is a restraint of trade still enforceable? PODCAST

  Find out all you need to know about the enforcement of a restraint of trade by listening to our podcast at the link below:     Did you know that you have a world of knowledge at your fingertips? Visit our FAQ page for answers to a wide variety of legal questions. Read more...