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So far Cowan-Harper-Madikizela Attorneys has created 77 blog entries.

Working remotely or remotely working? Points to ponder for employers.

Working remotely or remotely working? Points to ponder for employers. More than a year into the Covid-19 pandemic, some employers are still grappling with the idea of remote working. For many employers, this new normal has afforded them the opportunity to reassess their business models, their working arrangements, and their overhead costs (including whether [...]

2021-06-21T13:14:18+01:00Jun 21st, 2021|

Mandatory Workplace Vaccination Guidelines Published

Mandatory Workplace Vaccination Guidelines Published On 11 June 2021 the Minister of Employment & Labour published an amended Consolidated Direction on Occupational Health and Safety Measures in certain workplaces (“the Direction”). A copy of the Direction can be found here. The Direction applies to all employers and workers in workplaces which are permitted to operate [...]

2021-06-14T11:47:18+01:00Jun 14th, 2021|

Under pressure – Community Demands and Employer Responses

Under pressure – Community Demands and Employer Responses The Labour Relations Act 66 of 1995, as amended (“the LRA”) contemplates a specific model of collective engagement between employers and employees. At its most fundamental level, the LRA creates a framework for the workplace to be organised by Unions, who represent employees in the workplace [...]

2021-06-14T11:11:40+01:00Jun 14th, 2021|

The Incompatibility Conundrum

The Incompatibility Conundrum Employees who cause disharmony in the workplace are often found to be ‘incompatible’ with the working environment or corporate culture of the employer. Incompatibility often stems from certain personality traits, personal differences, unacceptable conduct or behavioural problems, causing unwarranted tension and conflict between employees. Such incompatibility, if not remedied, could necessitate [...]

2021-06-07T21:31:09+01:00Jun 7th, 2021|

A Cautionary Tale To Municipalities – Power To The People Through The Courts

A Cautionary Tale To Municipalities - Power To The People Through The Courts INTRODUCTION In recent times the South African legal sphere has witnessed an increase in individuals and private group litigation against defaulting and/or poor performing municipalities across the nation. Many municipalities are underperforming and act as if their statutory obligations and duties [...]

2021-06-07T21:03:35+01:00Jun 7th, 2021|

Expeditious Resolution is the Name of the Game – Are We Winning?

Expeditious Resolution is the Name of the Game – Are We Winning? Introduction  The Labour Relations Act 66 of 1995, as amended (“the LRA”) sets out in section 1(d)(iv) that one of its main objectives is “the effective resolution of labour disputes”. Ancillary to this objective is the notion of ‘expeditious resolution of labour [...]

2021-06-01T14:11:44+01:00Jun 1st, 2021|

Sticks and Stones (and Golf Clubs) Will Get You Fired

Sticks and stones (and golf clubs) will get you fired Striking employees often, and regrettably, have in their possession sticks and other objects which may be used as weapons while on the picket line. Unions routinely contend that these objects do not constitute ‘weapons’, and that the strikers have a ‘right’, rooted primarily in [...]

2021-05-20T11:53:47+01:00May 20th, 2021|

Note On Information Officers And Deputy Information Officers – POPI

Note On Information Officers And Deputy Information Officers - POPI INTRODUCTION The Protection of Personal Information Act 4 of 2013 (“POPIA”), although promulgated in 2013, is only to come into full force and effect on 1 July 2021. In this regard the implementation of some of its sections had been delayed for various reasons, [...]

2021-05-14T11:52:57+01:00May 14th, 2021|

Expropriation – Protecting Property Rights

Expropriation –Protecting Property Rights INTRODUCTION The time period for comments to the Expropriation Bill as published in the Government Gazette No. 43798 of 9 October 2020 expired on 28 February 2021. Comments had to be submitted to the Portfolio Committee on Public Works. It is now anticipated that as soon as the amendment to [...]

2021-05-13T05:32:46+01:00May 13th, 2021|

Bye Bye Secret Ballot Guidelines

Bye Bye Secret Ballot Guidelines The debate concerning the correct interpretation of the ‘secret balloting’ provisions introduced by sections 8 and 19 of the Labour Relations Amendment Act 8 of 2018 (“the Amendment Act”) has already played itself out in the Labour Court and the Labour Appeal Court. The issue came to a head [...]

2021-05-13T05:31:48+01:00May 12th, 2021|
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