Labour Law

The Commission for Conciliation, Mediation and Arbitration (CCMA) promotes fair practices in the work environment, and ensures that labour disputes that fall within its jurisdiction are resolved efficiently, cost effectively, and with the least amount of formalities. An employee is able to refer a dispute to the CCMA by submitting a Labour Relations Act (LRA) […]

Many employers have placed their hopes of a return to the pre Covid-19 workplace on the development of a Covid 19 vaccine.  South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunized, no one will, at this stage, be legally required to […]

Governed by both the Labour Relations Act, as well as the Basic Conditions of Employment Act, permanent, fixed termand part time contracts of employment regulate the employment relationship (including rights, duties and obligations) between the employer and the employee. Permanent Employment Contract A Permanent employment contract endures indefinitely or at least until the date of […]

Before the COVID-19 pandemic accelerated the transition to remote working capabilities, an employment contract would often refer to an employee’s ‘place of work’. At such ‘place of work’, the employer and employee both had obligations to fulfil, which were regulated by legislation and practice reflected in the employment contract. However, the move to a more […]

In a recent Savile Row Workplace survey, in partnership with Adams & Adams, and published in October 2020, 88% of the respondents said they prefer to either work from home or a combination of both home and office. Despite this, 67% of those surveyed have not altered their work policies or agreements for remote working, […]

Almost overnight, most office-based workers had to adapt to remote working conditions when social distancing regulations were put in place in March this year to slow the spread of the COVID-19 virus. This shift has presented challenges as well as pay-offs, and as restrictions have eased and a new hybrid model of working is looking […]

88% of the respondents in the Savile Row Workplace survey published in October 2020 would prefer to either work from home or a combination of both. A few days ago, Microsoft a permanent work from home option with its staff. Despite this, 67% of the respondents in the survey have not changed work policies or […]

What are the rules and regulations regarding dismissals during the lockdown? Employers are not precluded from dismissing employees during the national lockdown, provided that such dismissals are implemented in terms of the LRA. In this regard, the LRA provides that a dismissal must be for a fair reason (misconduct, incapacity or operational requirements and effected […]

The enforcement of “lockdown” by President Cyril Ramaphosa on 27 March brings with it much uncertainty and unchartered territory, in all aspects of life.  The full extent of this worldwide pandemic is yet to be seen, understood or experienced.  Uncertainty is at the forefront of the thoughts of most people.