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So far Cowan-Harper-Madikizela Attorneys has created 61 blog entries.

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|

The 2020 Employment Equity Amendment Bill – What you need to know

The 2020 Employment Equity Amendment Bill – What you need to know The latest draft of the Employment Equity Amendment Bill was published on 20 July 2020, several years after the initial draft appeared for comment. The latest version, which will be heading to Parliament, includes controversial amendments to the Employment Equity Act 55 [...]

2020-10-07T14:20:32+01:00Aug 4th, 2020|

Litigating on breaches of obligations during lockdown

"Get to the Front of the Line" -  Litigating on breaches of obligations during lockdown It is our experience that numerous parties have been and remain in breach of their obligations in respect of contractual relationships which were entered into prior to the advent of the Covid-19 pandemic. As the financial world opens up [...]

2020-07-20T11:32:33+01:00Jul 20th, 2020|

Can an employer exclude vicarious liability by agreement?

Can an employer exclude vicarious liability by agreement? The concept of vicarious liability has received increased judicial attention in the last few months. Traditionally, vicarious liability referred to an employer’s liability for the wrongful acts or omissions of its employee committed within the course and scope of their employment. More recently, this notion has [...]

2020-07-08T21:45:49+01:00Jul 8th, 2020|

I just called to say I’m sorry – restructuring during “the new normal”

I just called to say I’m sorry - restructuring during “the new normal” Despite the gradual upliftment of the national Lockdown, Covid-19 has forevermore changed the dynamics and ethos of many companies. Furthermore, in addition to widespread panic and anxiety, employers must now contend with novel legal questions, particularly in the employment law arena. [...]

2020-06-15T13:49:25+01:00Jun 15th, 2020|
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