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Return-to-Workplace Guide (COVID-19)

Key to every organization’s return-to-workplace plan is the understanding and implementation of the law as it relates to your company. This includes the health and safety of employees and, in turn, that of the consumers and other stakeholders with whom they come in contact.

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Employee claims against an Employer in business rescue in the Labour Court

Employee claims against an Employer in business rescue in the Labour Court

The Labour Court, in the case of Marais and Others v Shiva Uranium (Pty) Ltd (In Business Rescue) and Others (J3049/18) [2018] ZALCJHB 346; (2019) 40 ILJ 177 (LC); [2019] 5 BLLR 472 (LC) (5 October 2018), recently ruled on whether employees are entitled to approach the Labour Court to enforce a claim against their employer placed under business rescue.

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All employees have a right to privacy, but is that privacy limited?

All employees have a right to privacy, but is that privacy limited?

All employees have a right to privacy, but does it end there? In the recent Labour Court decision of NUMSA and Another v Rafe N. O. and Others (JR1022/12) [2016] ZALCHJB 512, the question of whether an employer had the right to examine an employee’s cellphone, was permissible, secondly the employees’ refusal to have his or her cellphone examined constituted an offence that warranted dismissal. Consolidated Employers Organisation frequently receives questions pertaining to this issue and whether there is any risk that the employer may face at the CCMA or Bargaining Council. Employers now have more guidance on this sensitive issue that has been clarified by the Labour Court in the above-mentioned case.

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SA's rising unemployment shows labour model inadequate

SA’s rising unemployment shows labour model inadequate

South Africa’s rising unemployment rate is evidence that the country’s current labour model is inadequate to stem the shedding of jobs, a labour expect said on Thursday.
Unemployment rose to 29 percent of the labour force in the second quarter of 2019 from 27.6 percent in the first, the highest since a quarterly labour force survey was introduced in 2008, Statistics South Africa said earlier this week.

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An employee’s entitlement to Severance pay

An employee’s entitlement to Severance pay

The question of whether an employee is entitled to severance pay usually arises once a retrenchment has been concluded and there is a dispute referred to the CCMA or a Bargaining Council. An arbitrator dealing with this dispute may only decide whether the employee is entitled to the severance pay, which is a statutory entitlement.

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Sick Leave And Valid Medical Certificates

Sick Leave And Valid Medical Certificates

Socio-economic circumstances in South Africa deny the greater population access to private medical practitioners. The result is that people are reliant on clinics for medical attention where the employee is provided with a medical certificate which is, more often than not, signed by the clinic nurse. This poses an exceedingly frequent question amongst employers i.e. what constitutes a valid medical certificate for purposes of sick leave?

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