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When an Employer's Response to Sick Leave Crosses the Line: Labour Court Finds Constructive Dismissal
Can an employer’s treatment of sick leave amount to constructive dismissal in South Africa? In Lewis v CCMA and Others, the Labour Court found that accusations of sick leave abuse, questioning medical evidence without proper verification, reversing approved sick leave and withholding salary made continued employment intolerable. The employee was found to have been constructively and unfairly dismissed and was awarded compensation.

Jonathan Goldberg
Sep 173 min read


Retrenchment During Covid-19 Upheld In Labour Court Ruling
In De Weijer v Babcock Africa Services, the Labour Court confirmed that a retrenchment during the COVID-19 downturn was substantively and procedurally fair. The judgment highlights how operational necessity, role redundancy, consultation, disclosure of financial information, and limits on bumping are assessed under section 189 of the Labour Relations Act.

Jonathan Goldberg
Jan 293 min read


Safeguarding the Past, Protecting the Future: The Crucial Role of COVID-19 Screening Form Retention
Retain COVID-19 screening forms to ensure legal compliance and protect future employee health and company liability.

John Botha
Jul 25, 20242 min read


Finally, Some Case Law on Covid-19 Mandatory Vaccinations
Recent CCMA rulings support the implementation of mandatory Covid-19 vaccination policies in South African workplaces.

GBS
Mar 22, 20223 min read


Compulsory Vaccination: To Compel At Your Workplace Or Not?
Diverse South African employees discuss compulsory vaccination policies in the workplace, balancing health safety and employee rights.

Jonathan Goldberg
Aug 3, 20212 min read


Defining And Measuring Performance Within Diverse Work Conditions
Measure performance based on output, not hours, in South Africa's diverse work conditions to improve productivity and business outcomes.

Natalie Singer
May 27, 20213 min read
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