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In Perumal v Clover SA (Pty) Ltd [2021] 11 BLLR 1143 (LC), the employee, employed by Clover SA (the Company), was invited to participate in retrenchment consultations.  During the [...]

An employer’s obligation to provide a safe and healthy working environment for its employees, especially during violence emanating from inter-union rivalry, recently came under the microscope [...]

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The arbitration award by the CCMA, which found the incapacity dismissal of a particular employee, due to her refusal to comply with the employer’s mandatory ‘vaccination’ policy, as fair, has [...]

On 21 January 2022, the CCMA published its award in the matter of TM v Goldrush Group (GAJB 24054-21) where it held that the dismissal of an employee who refused to be vaccinated [...]

When seeking to reach an agreement with an employee on the terms of a mutual separation agreement (“MSA”) or in an effort to come to the aid of an employee who faces unemployment after [...]

Section 60(2) of the Employment Equity Act 55, 1998 (“the EEA”) requires that if a sexual harassment incident is alleged at work, the employer must consult all relevant parties and must take the [...]

It is trite that the principle that the costs follow the suit does not apply in labour litigation, save for exceptional circumstances. This was emphasised by the Constitutional Court (“CC”) in [...]

While employers in South Africa are entitled to implement a mandatory vaccination policy for certain categories of employees, they will need to tread carefully when implementing these rules. This [...]

Employees have a duty to comply with the lawful and reasonable instructions of their employer.  But would the failure to comply with an instruction to testify in an arbitration before the [...]