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So far Cowan-Harper-Madikizela Attorneys has created 65 blog entries.

A real ‘whodunnit’ and the persistent polygraph problem

A real ‘whodunnit’ and the persistent polygraph problem! Occasionally employers are faced with a situation where misconduct has been committed, but the identity of the perpetrator is not easily established. Employers may, by looking at circumstantial or other evidence, be able to narrow down a list of possible wrongdoers. In these circumstances, employers often [...]

2021-02-21T16:14:35+00:00Feb 21st, 2021|

NUMSA v Aveng Trident Steel

NUMSA v Aveng Trident Steel In NUMSA v Avent Trident Steel the Constitutional Court had the opportunity to revisit the application of section 187(1)(c) of the LRA in relation to automatically unfair dismissals. The Judgment is both unremarkable, in the sense that it confirms a long body of prior jurisprudence permitting employers to engage in [...]

2021-02-09T17:43:25+00:00Feb 9th, 2021|

The best approach to be adopted by employers on “compulsory” vaccinations for COVID-19

The best approach to be adopted by employers on “compulsory” vaccinations for COVID-19 Introduction Clients have raised queries on whether they can order or require their employees to be vaccinated for Covid-19. Various articles have been published and statements made on the issue of compulsory vaccinations for Covid-19. In our view, too much emphasis [...]

2021-02-04T10:35:00+00:00Feb 4th, 2021|

Forum Shopping – the Constitutional Court (finally) settles the uncertainty

Forum Shopping – the Constitutional Court (finally) settles the uncertainty  The uncertainty of whether a litigant is required to approach the Labour Court or the High Court in respect of a contractual claim has been addressed in a number of cases including Gcaba v Minister for Safety and Security 2010 (1) BCLR 35 (CC), [...]

2020-12-09T09:12:08+00:00Dec 9th, 2020|

Forfeiture of severance pay – “You snooze you lose”

Forfeiture of severance pay – “you snooze you lose” The Labour Relations Act 66 of 1995, as amended (“the LRA”) envisages a meaningful, joint consensus-seeking process whenever an employer considers dismissals based on operational requirements. One of the issues that the parties must attempt to reach consensus on is the possibility of alternatives to [...]

2020-11-16T16:15:14+00:00Nov 16th, 2020|

Not so fast – Suspending disorderly pickets in the Labour Court

Not so fast – Suspending disorderly pickets in the Labour Court In the recent judgment of Clover SA (Pty) Ltd v General Industries Workers Union of South Africa & Others (unreported case, J1142/20, 30 October 2020) the Labour Court was called upon to suspend the rules which regulated a picket which had been engaged [...]

2020-11-16T16:06:53+00:00Nov 16th, 2020|

COVID-19 and the resurrection of the economy: New directions

COVID-19 and the resurrection of the economy: New directions As the damaged economy is slowly getting back on its feet more employees are returning to work. The increased number of employees at the workplace does however increase the risk of Covid-19 infections and both employers and employees must avoid becoming complacent. Increased emphasis should [...]

2020-10-14T13:10:29+01:00Oct 14th, 2020|

Virtual trials – still the way of the future

Virtual trials – still the way of the future The COVID-19 pandemic has caused the judiciary, which has seemingly consistently resisted the fourth industrial revolution, to be forced to embrace technology to ensure that the Courts remain functional. This has raised a number of issues, including the fairness of imposing virtual trials on financially [...]

2020-10-14T08:09:06+01:00Oct 14th, 2020|

Labour Appeal Court clarifies the link between depression and misconduct

Labour Appeal Court clarifies the link between depression and misconduct Depression in the workplace is becoming more prevalent as high-pressure work environments with strict deliverables often cause employees to suffer from fatigue and ultimately depression. Covid-19 and working from home has, of course, aggravated the situation, often resulting in low morale and frustration for [...]

2020-09-17T08:08:17+01:00Sep 17th, 2020|

Valid medical certificates – Clarity in the uncertainty

Valid medical certificates – Clarity in the uncertainty Introduction Employers are all too aware that section 23(2) of the Basic Conditions of Employment Act 75 of 1997 as amended (“the BCEA”) requires that in order for a medical certificate to be valid the following requirements are to be met, namely:- the medical certificate must [...]

2020-10-07T14:17:51+01:00Sep 7th, 2020|
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