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Employers – Walking the “Compulsory Covid-19 Jab” Tightrope

Employers – Walking the “Compulsory Covid-19 Jab” Tightrope

by Wessels + Van Zyl Inc | Sep 27, 2021 | Employment and Labour Law

“Employers should find a reasonable resolution that accommodates all parties where employees refuse to be vaccinated for medical and constitutional grounds” (Ministry of Employment and Labour) As the Covid-19 pandemic continues to wreak havoc around the world, an...
A Million Rand Warning: Act When Employees Reach Retirement Age

A Million Rand Warning: Act When Employees Reach Retirement Age

by Wessels + Van Zyl Inc | Aug 26, 2021 | Employment and Labour Law

“Retirement is for people who don’t like their jobs” (Paul McCartney) Many employees reaching “retirement age” (often set at 60 or 65) are not ready to retire. Perhaps they need to carry on earning an income, often they are fit and healthy and want to remain engaged...
Employee Looting and Strike Violence: When Is Dismissal Fair?

Employee Looting and Strike Violence: When Is Dismissal Fair?

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

Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers need to take action, but with care. Addressing firstly the “strike”...
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...
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