COVID NOT ALWAYS A FAIR REASON TO RETRENCH

COVID NOT ALWAYS A FAIR REASON TO RETRENCH

Due to state capture, loadshedding, unexpected power outages, Covid and maladministration South Africa’s economy is in crisis. The biggest fallout of this economic weakness is the very high number of retrenchments in this country. Many employers are tempted to use...
COVID NOT A LICENCE TO CHANGE EMPLOYMENT CONDITIONS

COVID NOT A LICENCE TO CHANGE EMPLOYMENT CONDITIONS

The Covid state of disaster regulations expired on 15 April 2022. However, these were replaced by a code of good practice for managing Covid in the workplace. The purpose of the code is to ensure that employers go the extra mile to protect employees from contracting...
BUSINESS TAKEOVERS: WHAT ABOUT RETRENCHMENTS?

BUSINESS TAKEOVERS: WHAT ABOUT RETRENCHMENTS?

It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act, which is the law protecting employees when a business or a part thereof is taken over. In the case of SAA vs Aviation Union of SA obo Barnes the airline...
THE COVID RISK ASSESSMENT AND PLAN

THE COVID RISK ASSESSMENT AND PLAN

In my previous article I explained that the New Code of Practice: Managing Exposure To Covid In The Workplace, 2022 requires employers to conduct a special health risk assessment (HRA) and to implement a plan to protect its employees from contracting Covid.This code...
NEW CODE OF PRACTICE: MANAGING EXPOSURE TO COVID IN THE WORKPLACE, 2022

NEW CODE OF PRACTICE: MANAGING EXPOSURE TO COVID IN THE WORKPLACE, 2022

The current state of disaster will lapse on 15 April 2022; and indications are that it will not be renewed. This is indicated by the fact that the Minister of Employment and Labour has issued a new Code of Practice to replace those provisions of the Disaster...