Covid-19 issues Archives

Alternatives to operational dismissals: Proportionality analysis

by GilesFiles | Dec 10, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Anton Myburgh, Applications, Causes and defences, Contractual breach, Courts, Covid-19 issues, Declaratory, Evidence & onus, False assumptions, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Management, Managerial prerogative, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Constructive dismissal examined: Covid-related issues

by GilesFiles | Feb 20, 2024 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Courts, Covid-19 issues, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Coping with Covid epidemic: Unpaid layoff alternative?

by GilesFiles | Nov 10, 2023 | 2020 onwards, Bumping, Causes and defences, Construction industry, Contractual breach, Costs, Courts, Covid-19 issues, Declaratory, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Private enterprises, RGO Lagrange, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Alleged cultural discrimination: Inherent job requirements

by GilesFiles | Jun 27, 2023 | 2020 onwards, AB - Law generally, AUD, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Covid-19 issues, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), H Rabkin-Naicker, Hearing procedure, ILO Convention 111/1958, ILO Conventions, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Policies - all, Private enterprises, Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

B-BBEE selection criteria: DMA & mootness

by GilesFiles | Feb 8, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Covid-19 issues, Declaratory, Dignity equality freedom, Disallowed, Government, Insights, Judges, Legal Practice, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, State Owned Enterprises, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Constructive dismissal analysed: Salary reduced

by GilesFiles | Nov 22, 2022 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Courts, Covid-19 issues, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Trade | 0 |

Westcor SA (Pty) Ltd v TM Is a constructive dismissal inherently unfair and if not how must the facts be analysed and who bears the onus of proof? “[26] A ‘constructive dismissal’ occurs when the employee resigns because...

Supervisory order granted: Serious procedural defects

by GilesFiles | Nov 21, 2022 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Covid-19 issues, Evidence & onus, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Management, Orders, PAJA 2000, Parties, Personal services, Policies - all, Review tests, Risks, Roman Dutch law, SCA judges, Sectors, Settlement agreements, Special pleas, State Owned Enterprises, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

SA Health Products Regulatory Authority v ACDP Why did a full bench of SCA uphold appeal and decide to set aside a supervisory order granted by the high court? “[23] The appeal must succeed for the three inter-related...

Defamatory false statement: Deficient cause pleaded

by GilesFiles | Sep 6, 2022 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Community schemes, Costs, Courts, Covid-19 issues, Delict, High Court, High Court judges, Insights, Judges, Legal Practice, Orders, Parties, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Topics | 0 |

P-P v D (Ambiance BC) When does a false statement become defamatory and lower a person in the estimation of right-thinking members of society generally? “32. In summary, the test is whether it is more likely, more probable...

Covid-19 operational requirements: Dismissal valid and fair

by GilesFiles | Mar 7, 2022 | Applications, AUD, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, CCMA awards, CCMA members, CCMA Rules-old, Conduct & capacity, Contractual breach, Costs, Courts, Covid-19 issues, Impossibility or illegality, Insights, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Zero tolerance | 0 |

Dryden v Duncan Korabie Attorneys How should managers deal with employees who refuse to be vaccinated and may employment be terminated after following a fair procedure and should the reason for dismissal be related to conduct or...

Vaccination passport policy: No grounds for urgency

by GilesFiles | Feb 2, 2022 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Covid-19 issues, Insights, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Personal services, Policies - all, Private enterprises, Refused, Regulations, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Struck off, Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Lifting Covid-19 restrictions: John Patten’s analysis

by GilesFiles | Aug 17, 2020 | Covid-19 issues, Insights, Thought Leaders, Topics | 0 |

John Patten shares his thoughts on current events and ponders the political consequences of the latest decisions regarding the Covid-19 pandemic. It is worth pondering . . . what was the clinching factor that caused the...

Temporary relief scheme: Amended Covid-19 Directive

by GilesFiles | May 25, 2020 | AA - Resources generally, Covid-19 issues, Insights | 0 |

Covid-19 temporary employee / employer Relief Scheme (C19 TERS) Combined and updated version of the Directive issued by the Minister of Employment and Labour (Minister) on 25 March 2020 and amended on 6, 16 , 20 and 30 April...

Category: Covid-19 issues