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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 [...]

Is a court or arbitrator entitled or obliged, in terms of section 193(2)(b) of the Labour Relations Act 66 of 1995, as amended (LRA), to consider whether a continued employment relationship would [...]

Employers who wish to implement a mandatory vaccination policy must allow for employees to raise objections or apply for exemption from the policy on the basis of, amongst others, religious [...]

Employers who wish to implement a mandatory vaccination policy must permit employees to raise objections or apply for exemption from the policy on the basis of, amongst others, medical grounds. [...]

The rules governing the conduct of proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) and the various bargaining councils are binding on litigants before that [...]