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Violence and Looting – Can You Sue SAPS?

Violence and Looting – Can You Sue SAPS?

by Wessels + Van Zyl Inc | Jul 27, 2021 | Delict and Civil Claims, Employment and Labour Law

“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below) Can you sue the police if...
R4m Damages for a Workplace Sexual Assault

R4m Damages for a Workplace Sexual Assault

by Wessels + Van Zyl Inc | Jun 28, 2021 | Employment and Labour Law

“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from judgment below) Our courts do not tolerate any form of sexual...
Dismissed: The Butcher Who Went to Work With COVID-19

Dismissed: The Butcher Who Went to Work With COVID-19

by Wessels + Van Zyl Inc | Jun 10, 2021 | Employment and Labour Law

“The facts of this case are indeed extraordinary. They are indicative of the need for more to be done at both the workplace and in our communities, in ensuring that employers, employees, and the general populace are sensitised to the realities of this pandemic, and to...
Employers: Beware the “Casual Worker” Myth!

Employers: Beware the “Casual Worker” Myth!

by Wessels + Van Zyl Inc | Jun 10, 2021 | Employment and Labour Law

Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA). Failure to comply with these Acts, whilst perhaps tempting to many...
Companies: Are Restraints of Trade Valid in a Time of Covid?

Companies: Are Restraints of Trade Valid in a Time of Covid?

by Wessels + Van Zyl Inc | Jun 10, 2021 | Business, Company / Corporate / Compliance, Employment and Labour Law

“For him to be forced out of a career of choice to start working in a different field at a time when many businesses are closing down, retrenchments and lay-offs being commonplace and individual[s] doing everything possible to survive and cope with the health and...
Can an Employee Who Refuses Vaccination be Fired?

Can an Employee Who Refuses Vaccination be Fired?

by Wessels + Van Zyl Inc | Jun 10, 2021 | Employment and Labour Law

“This virus is unprecedented in our lifetime and requires an unprecedented response” (António Guterres, UN Secretary-General) Most of us will celebrate the day we are offered a COVID-19 vaccination, but here in South Africa as overseas it seems inevitable that a...
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