In a recent Labour case, the Commission for Conciliation, Mediation, and Arbitration (CCMA) found that a company’s dismissal of an unvaccinated employee was fair and completely within their legal rights. This ruling solidifies the fact that employers in South Africa have the right to enforce mandatory vaccination policies and dismiss those who refuse to get
The new year is in full swing, and the construction industry is back from their Builders’ Break, entering yet another year of uncertainty regarding COVID-19 regulations, mandatory vaccination policies, and everything else that come along with this virus. There are several reasons for construction contractors to feel the pressure and stress during these times, trying
A New Year and New Planned Policies for Foreign Workers in South Africa As the new year kicks off, the Department of Employment and Labour (DEL) plans to implement new policies to address concerns surrounding illegal recruitment practices in South Africa. These concerns include hiring foreign workers who are illegal immigrants and working in major
With Christmas Around the Corner, Is an Employer Obliged to Pay Bonuses? 2021 is coming to an end, putting yet another challenging year in the rear view. Despite the COVID-19 vaccine rollout in South Africa, the majority of businesses are still overcoming the obstacles being thrown in their way as a result of this pandemic.
Issue of Penalties: How Much is Too Much? Construction contracts are agreements that exist between contractors and their clients/project managers. Such agreements must adhere to the Construction and Contractual Laws of South Africa and would normally make provisions for a penalty clause. Such a clause will require the contractor to reimburse the client/project manager a
Non-Payment of “Payment Certificates” and Available Remedies Contractors and sub-contractors in the construction industry in South Africa are constantly facing situations where they are underpaid or receive late payments from clients or project managers resulting in adverse cash flow. If a contractor has legal grounds, they can take legal action against the client/project manager for
