Can you force an employee to be vaccinated against the coronavirus?

Bear in mind that there is no legal obligation, at this time, on an individual employee to be vaccinated against the coronavirus. What does that mean for an employer who wishes to create a safe and healthy work environment not only for that individual employee but also the entire workforce.  An employer can encourage its

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Practice and procedure

Centre for Autism Research and Education CC v Commission for Conciliation, Mediation and Arbitration and others (2) – (2020) 29 LC 1.13.13 also reported at [2020] 12 BLLR 1260 (LC) Subject matter classification:Practice and procedure – Application for leave to appeal – Dismissal – Constructive – Employer seeking leave to appeal against finding that employees had been

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Wish to resign with immediate effect,

Employees who wish to resign with immediate effect, to avoid disciplinary action and possible dismissal, need to be aware that the latest Labour Appeal Court decision handed down has ruled that this termination by an employee does not absolve the employee from his/her misconduct and in terms of the BCEA the employer is entitled to

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Can you deduct monies from your employees’ salary when he resigns without notice?

The CCMA was recently faced with a dispute before it (South African Transport and Allied Workers Union obo Qendwana and others / Bidvest Protea Coin (Pty) Ltd – (2020) 29 CCMA 6.7.8 also reported at [2020] 11 BALR 1235 (CCMA) ) where five former employees claimed that it had committed unfair labour practices against them on the

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Is it a “Going Concern”?

According to common law, the sale, transfer or merger of a business results in the termination of existing employment contracts between the business and its employees, on the basis that parties may not assign their contractual rights and obligations to a third party without the other party’s consent. This position was changed significantly by Section 197 (S179) of

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Relief for Employers in retrenchments

Last week our Constitutional Court, in the case of Numsa V Aveng Trident Steel,  appears to have given employers  the nod, whose operational requirements are genuine, to change their employees’ employment conditions, if the future sustainability and functioning of the company requires this; and where the employees’ refuse unreasonably they may be dismissed without severance. This is an

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