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Amended Level 3 regulations

On 29 December 2020, the adjusted Level 3 regulations were gazetted following the Presidents speech delivered to the nation. A summary of the regulations, as amended are listed below: Movement of persons 33. (1) Every person is confined to his or her place of residence from 21H00 until 06H00 daily, except in areas declared a […]

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How to issue a verbal warning

In previous posts, we covered the principle of progressive discipline as a means to correct employees’ behaviour or poor performance and we also covered which warnings are appropriate for which offences. Now we will have a look at the practical side of actually issuing the warnings. This is an area that is not often covered […]

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Which warning is appropriate for which disciplinary offence?

In another article, I covered the subject of progressive discipline, principle in South African law whereby employers are encouraged to correct their employees’ behaviour by applying a system of graduated disciplinary measures such as counselling and warnings and only if this fails, to dismiss. It is therefore commonplace to find that companies’ disciplinary policies will […]

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Late Coming: A Serious Form of Misconduct

Many employers struggle with late-coming of employees. While most consider this a relatively minor offence, habitual late-coming by an employee may begin to impact on production output and encourage a laissez-faire approach to time-keeping by other employees. Many employees who are habitual late comers will generally justify their poor time keeping on the grounds that […]

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The principle of “no work, no pay” during the time of COVID-19

Two courts recently handed down judgments regarding the applicability of the principle of “no work, no pay” during the COVID-19 lockdown. Unfortunately, and rather surprisingly, these judgments are at odds with one another.  One decision, handed down by the South Gauteng High Court, and cited as Mhlonipheni v Mezepoli Melrose Arch (Pty) Ltd and Others […]

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The Quiet Rise of the Employment Equity Amendment Bill

On 20 July 2020, notice was given that the Minister of Employment and Labour intends to introduce the Employment Equity Amendment Bill to the National Assembly in upcoming months. The proposed Bill seeks to amend the Employment Equity Act 55 of 1998 in several significant respects. One such amendment is the introduction of enforceable sectoral […]

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New Directive on Access to the CCMA during COVID-19 Pandemic

On 30 July the CCMA issued a new directive on access to the CCMA during the COVID-19 pandemic which came into effect on 01 August 2020. This Directive serves to amend the Directives regulating access to the CCMA that were issued by the CCMA Director on 08 May 2020 and to repeal the subsequent Directive […]

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A Covid-19 Silver-Lining: Business Interruption Insurance Claims

The Western Cape High Court recently handed down a decision in the matter of Café Chameleon CC v Guardrisk Insurance Company Ltd 5735/2020 which has offered some business owners an unexpected glimmer of hope in the COVID-19 forecast. The matter was brought by Café Chameleon against its insurer, Guardrisk, following the repudiation of its claim […]

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