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BCHC: Are vulnerable employees permitted to return to the workplace during alert level 4 of the national lockdown?

Many employers and employees are under the impression that vulnerable employees who have comorbidities or who are older than 60…

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BCHC: Calculation of covid-19 temporary employee / employer relief scheme benefits

The Covid-19 Temporary Employer/Employee Relief Scheme Directive (as amended) requires all employers to apply for the TERS benefit on behalf…

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BCHC: In order to reboot the economy, government, business and trade unions must work together

June 1, 2020

Written by Bradley Conradie Early in March 2020, South Africans became acutely aware of the global pandemic, Covid-19, when the first infection was confirmed. The corona virus had crossed our borders and was no longer some disease that other countries…

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BCHC: Guideline on employment issues relating to the corona virus

March 18, 2020

Introduction This guideline deals with various employment related issues which have arisen as a result of the Corona Virus. A national state of disaster has been declared by President Ramaphosa to enable the national executive to deal effectively with the…

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BCHC: An employer’s duties in the event of a viral outbreak such as the corona virus

March 12, 2020

With the emergence of the Corona virus, China has imposed several restrictions and limitations on its travel and trade to mitigate the spread of the virus in order to safeguard its citizens and the international community. Just as China has…

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BCHC: When can employers expect employees to retire?

March 4, 2020

Written by Danny Hodgson Traditionally, most employees retired around the age of 65. However, there is now a growing trend to work beyond that age. This could be due to increasing life expectancy, economic hardship or a failure to plan…

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BCHC: Is there a rule against re-employing a dismissed employee?

Written by Jeannette Vlok Some employers have been faced with the difficult decision of having to decide whether or not to re-employ a dismissed employee or an employee who resigned after having been charged with misconduct. When there is a…

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BCHC: Termination of employment without a hearing

Written by Nikita Reddy Introduction In Old Mutual Limited and others v Peter Moyo and another (A5041/19) [2020] ZAGPJHC 1 (14 January 2020), the High Court had to determine whether Old Mutual committed a breach of contract when it terminated…

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BCHC: An employer’s duties in the event of a viral outbreak such as the corona virus

Written by Danny Hodgson With the emergence of the Corona virus, China has imposed several restrictions and limitations on its travel and trade to mitigate the spread of the virus in order to safeguard its citizens and the international community.…

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BCHC: The fine line between incapacity due to poor performance and misconduct

February 10, 2020

Written by Sharon Mongalo and edited by Prof Darcy Du Toit The Labour Relations Act, 66 of 1995 (LRA) recognises incapacity and misconduct as grounds for dismissal. Schedule 8 to the LRA also provides guidelines in relation to the different…

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BCHC: The prescription of costs ordered in the labour court

December 5, 2019

Written by Danny Hodgson and edited by Prof Halton Cheadle The general principle that costs follow the result does not apply in the Labour Court as the Labour Court is guided by the principle of fairness in determining whether or…

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BCHC: Can The CCMA or Bargaining Council Determine the Validity of a Mutual Separation Agreement in Unfair Dismissal Disputes?

November 11, 2019

Written by Venolan Naidoo and edited by Prof Halton Cheadle It often happens in the workplace that an employer and employee for whatever reason wish to part ways. The parties then enter into a mutual separation agreement (MSA) where they…

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BCHC: Automatic termination clauses in fixed term contracts

October 15, 2019

Written by John Noble and edited by Prof Darcy Du Toit Employers often include automatic termination clauses in fixed-term employment contracts. The legality of these clauses however depends on the circumstances surrounding the employment relationship. Whilst the use of automatic…

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BCHC: An interesting conflict when senior managers are union members

September 19, 2019

Written by John Noble and edited by Prof Darcy Du Toit The interplay between senior management and more junior employees is a vital factor in any modern organisation. Equally vital, and often equally contentious, is the interplay between trade unions…

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BCHC: Can jurisdictional arguments be raised after a certificate of outcome has been issued?

August 8, 2019

Written by Jeannette Vlok and edited by Bradley Conradie Parties often only realise that there are jurisdictional issues that they could raise before the date of the arbitration. The question then arises as to whether a party can or should…

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BCHC: Can employees be expected to disclose misconduct to their employer?

July 24, 2019

Written by Danny Hodgson and edited by Prof Darcy Du Toit “Derivative misconduct” happens where an employee knew or must have known about misconduct by another employee but decided, without justification, not to disclose it to the employer. According to…

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BCHC: Can a volunteer be seen as an employee?

July 9, 2019

By Venolan Naidoo, edited by Bradley Conradie Section 3(1)(b) of the Basic Conditions of Employment Act, 75 of 1997 (BCEA) specifically excludes “unpaid volunteers working for an organisation serving a charitable purpose” from the application of the BCEA. Section 3…

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BCHC: The date of dismissal in a reasonable expectation of renewal dispute?

June 3, 2019

Introduction It is easy to assume that the date of dismissal in a reasonable expectation of renewal dispute would be when an employee’s fixed term contract expires. This date becomes important to determine when an employee has to refer an…

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BCHC: A thank you to Judge Steenkamp

May 23, 2019

It is with great sadness and shock that we mourn the death of our dear friend and colleague Judge Anton Steenkamp. Anton, a man of strength, resilience and integrity was also a kind hearted and compassionate soul. There can be…

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BCHC: Can an employee hold a reasonable expectation of renewal and permanency at the same time?

May 3, 2019

An employee can refer an unfair dismissal dispute to the CCMA or bargaining council in terms of section 186(1)(b) of the Labour Relations Act, 66 of 1995 (LRA) if the employee was employed on a fixed term contract and reasonably…

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