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. [...]

Technical points and the true nature of a dispute – The ConCourt weighs in (again) The issue of having the true nature of a dispute conciliated has come before South Africa’s highest courts on a number of occasions in recent years. Once again, the Constitutional Court has been called to decide on this issue [...]

Implied terms in an agreement - Force Majeure In our earlier communication about force majeure, we advised you that we would inform you as to the position of our law if a contract does not contain a force majeure clause. You will recall that we advised that if a contract does have a force [...]

Are employers obliged to save jobs through s189 of the LRA? At the time of writing, the extended period of lockdown has just commenced. The COVID-19 pandemic has already had a drastic impact on the operations of businesses and in most cases will lead to varying degrees of financial pain for both employers and [...]

Incapacitated by the Lockdown – Exploring the possibility of temporary legal incapacity The National Lockdown imposed by Government in terms of the Disaster Management Act has prompted considerable debate about its effects on the treatment and payment of employees during this period. The Regulations and Directives issued in terms of the Act have been [...]

Can Unions ignore their Constitutions when recruiting members – The Constitutional Court settles the debate Unions often emerge in specific sectors, in response to certain issues affecting those industries. Their Constitutions often restrict their activity to those sectors. It is not, however, unusual for unions to seek to organise in sectors in which they [...]

Understanding Force Majeure By now we are certain that you have all heard of the term force majeure. Even the President utilised it in one of his addresses to the Nation asking business people not to invoke the provisions of force majeure to avoid complying with contractual obligations. But what exactly is this term [...]

Returning to work after a lockdown - Some practical considerations for employment relations The start of a new decade was welcomed by many with hope and optimism for the future that awaited; that is until the world was introduced to the Coronavirus (COVID-19), which has doused our spirits for the future and simultaneously turned [...]

Do away with salary increases – How financially distressed companies can mitigate liquidity problems during the Coronavirus pandemic Salary reviews The phenomenon and practice of annual salary reviews by employers, contrary to some understanding, does not automatically mean that salaries must be increased every year irrespective of the general economic climate or the specific [...]

Employers must brace for more uncertainty and disputes Employment lawyers have been extremely busy since the President declared a national State of Disaster on 15 March 2020, advising employers (and employees) on how to navigate the uncharted territory brought about by the Covid-19 pandemic. A few days later employers shifted into panic mode when [...]