Up until now most categories of employees have been covered by COIDA, which provides for compensation for workers who are injured at work. A category of employees who have until now been excluded from this benefit are domestic workers. However, on Monday, 19 November 2020, the Constitutional Court confirmed application […]
Year: 2020
Re-Opening of TERS Applications
The Re-opening of TERS Applications has been announced with effect from Monday evening, 23rd November 2020. This means that Employers will once be able to apply for TERS benefits for their employees who are still not receiving their full salaries. The TERS Scheme has cost the Government billions of Rands […]
Aveng v NUMSA Constitutional Court Judgment
The landmark Aveng v NUMSA Constitutional Court judgment was handed down today. It deals with when an employer may retrench employees who do not accept changes to their terms and conditions of employment. Section 187(1)(c) of the Labour Relations Act renders a dismissal automatically unfair if the reason for the […]
LAC to hear public sector wage dispute as court of first instance
The Labour Appeal Court will hear the matter pertaining to the public sector wage dispute on 2 December 2020. In an unusual move, the LAC (which ordinarily only hears appeals against Labour Court judgments) will hear this matter sitting as a court of first instance. The matter involves a major […]
Can a disciplinary hearing continue if an employee resigns?
In Mthimkhulu v Standard Bank, the Labour Court recently dealt with the question: can a disciplinary hearing continue if an employee resigns? The issue arose in an urgent application heard by Moshoana J. Mr Mthimbulu, an aspirant advocate, was employed by Standard Bank. He was charged with misconduct and a […]
Alert Level 1 Labour Court Directive
The Registrar of the Johannesburg Labour Court has published the Alert Level 1 Labour Court Directive on 14 October 2020. The directive covers the protocols in place for those physically accessing the court. It also deals with the following topics: pagination of court files access to the pro bono office […]
Chep Labour Broker Judgment
The Labour Appeal Court has delivered a judgment on the deeming provision in section 198A(3)(b) of the Labour Relations Act which applies to employees engaged through temporary employment services (commonly referred to as labour brokers). The Chep labour broker judgment sets out the factors to determine whether a service provider […]
LAC dismisses AMCU secondary strike appeal based on mootness
The Labour Appeal Court delivered a judgment on 10 September 2020, dismissing an appeal by AMCU against a Labour Court judgment on secondary strikes. The basis for AMCU’s secondary strike appeal was the argument the a union can call multiple secondary strikes simultaneously at different employers in the same industry. […]
Extension of TERS scheme
The Director General: Employment and Labour has written to NEDLAC today (4 September 2020) to confirm the following regarding the extension of TERS: The Covid 19 TERS Directive published on 11 August 2020, shall be extended to 15 September 2020. The receipt of COVID TERS 19 benefit applications for March […]
Draft Code on Violence and Harassment in the Workplace
The Department of Employment and Labour has published a draft code on violence and harassment in the workplace. The code, known as the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the world of Work, is open for public comment for a period […]
