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March 11, 2022 · By Morris · No Comments

Labour law expert calls for court ruling on mandatory COVID-19 vaccinations A proper court pronouncement on mandatory COVID-19 vaccination would give greater clarity on the technical aspects of the issue, labour law expert Aadil Patel said.  Coronavirus in South Africa CCMA Email Print Kevin Brandt | 41 minutes ago JOHANNESBURG - A proper court pronouncement on mandatory COVID-19 vaccination would give greater clarity on the technical aspects of the issue. Thats the view of an employment law expert who participated in a discussion hosted by the Stellenbosch University Business School on Thursday. Earlier this year, the CCMA ruled in favour of two employers who fired contract workers that refused to get immunised.<br> Head of employment law at legal firm Cliffe Dekker Hofmeyr, Aadil Patel, said that the CCMA did not establish legal precedent, but it gave some guidance in relation to its approach to vaccination mandates in the workplace. "What we dont have in South Africa is authoritative, legal report or a judgment that talks about whether mandatory vaccination is permissible within the workplace," Patel said. Patel emphasised that the objective of a workplace COVID-19 vaccine mandate was another important aspect. "What the cases have not dealt with is that the efficacy of the vaccine within a workplace, what is your purpose, what are you trying to achieve and whether implementing a mandatory vaccination in a particular workplace will achieve your objective and whether there are not other measures in order to achieve a similar objective," Patel explained.<br> A team of senior government officials led consultations with various parties and was expected to make recommendations to the National Coronavirus Command Council.

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Latest Cases

March 11, 2022 · By Morris · No Comments

SUPER GROUP GATEWAY SERVICES v MMALEWENG ELLEANOUR CHAKALE (LC). Summary: CCMA arbitration proceedings - Review of proceedings, decisions and awards of arbitrators - Test for review - Section 145 of LRA - application of review test set out CCMA arbitration proceedings - assessment of evidence by arbitrator -arbitrator failing to reasonably and rationally consider and determine the evidence relating to misconduct by the employee - award reviewed and set aside Misconduct - insubordination - principles considered - employee clearly failing to obey clear work instructions - employee guilty of serious misconduct - dismissal justified - award set aside Review application - arbitration award review reviewable - award set aside and substituted with finding of fair dismissal

SCAW SOUTH AFRICA (PTY) LTD v NUMSA obo DUMISANI SIBIYA (LC) Bargaining Council arbitration proceedings - review of proceedings, decisions and awards of arbitrators - test for review - s 145 of LRA 1995 - determination of gross irregularities and unreasonable outcome Dismissal - employee testing positive for alcohol in blood stream at workplace - principles considered - conduct of employee constituting serious misconduct considering workplace - zero tolerance approach applicable  arbitrator failing to have proper regard to serious nature of misconduct  award reviewable Misconduct - dismissal as an appropriate sanction - principles considered - proper consideration of Sidumo factors justifying dismissal - arbitrator becoming embroiled in irrelevant considerations - arbitrators finding that dismissal not appropriate unreasonable and reviewable Procedural fairness - arbitrator finding dismissal procedurally unfair - no case of procedural fairness made out in arbitration - procedural fairness not being in issue in any event - finding of procedural unfairness irregular - award reviewed and set aside Review of award - conclusion of arbitrator irregular and unreasonable - arbitration award reviewed and set aside - substituted with award that dismissal fair

MINISTER OF SOCIAL DEVELOPMENT v WESTERN CAPE PROVINCIAL GOVERNMENT (LC). Summary: Judicial review in terms of section 172(1) of the Constitution - Applicants appointing respondents into Provincial Government posts, contrary to the prescripts of the Public Service Regulations. Applicants seeking judicial review of their own decisions and just and equitable relief in terms of section 172(1)(b) of the Constitution.

Thabo pitsi Mabula v Knysna Municipality (LC)Summary: ( Application to dismissal a referral of a claim under the Protected Disclosure Act - Application to reinstate the claim - Referral deemed lapsed - Inordinately long and unjustified delay - Sufficient reason to refuse reinstatement - Interest of Justice - Prospects of success slight and even if successful unlikely to result in anything more than a token award - Applicants interests in having case heard and prospect of success must be balanced against prejudice to Respondent of being able to properly conduct its case after so long))

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LRA Amendments 2018

June 03, 2020 · By Morris · No Comments

LRA Amendments 2018 May 31.

BCEA Amendment Bill 2017;

BCEA Memorandom of Objects;

Employment Services Act 2014;

Labour Relations Amendment Bill 2017;

LRA Memorandom of Objects;

National Minimum Wage Bill;

Impact Assessment.

Click here to download the zipped files.

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