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Employment & Labour Law
The Employment Equity Act is a cornerstone of South African labour law, designed to promote fairness, eliminate workplace discrimination, and ensure diversity.
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Traditionally, "blacklisting" referred to having a negative mark on your credit report, which could hinder your ability to borrow money or secure contracts. Historically, credit bureaus focused only on negative financial behaviors, such as missed payments or defaults.
In South Africa, the Labour Relations Act provides a framework for resignation under such circumstances, commonly referred to as constructive dismissal. Constructive dismissal occurs when an employee resigns because their employer's conduct has made continued employment intolerable.
The employment relationship is one based on trust and where the conduct of either parties amounts to a violation of this virtue, it may result in the other party feeling discouraged to play their part in a way that achieves the goals of the arrangement.
It is widely accepted that the main objective of law is to ensure that justice prevails. In the administration of justice, there is a notion that requires that justice ought not only to be done, but it must be seen to be done.
Sections 189 and 189A of the Labour Relations Act 66 of 1995 provide for dismissals based on the operational requirements of the employer, or in short, retrenchment. This is why a retrenchment is often described as a dismissal that is due to no fault on the part of the employee.
Injury on duty is something that can happen to anyone, regardless of the type of working environment. Thankfully, you can claim compensation for occupational injuries and diseases by following the correct injury on duty claims procedure.
Now that the Department of Labour issued a Directive on 11 June 2021 with regards to mandatory vaccination policies in the workplace, it is crucial for employees to know what their legal position is in this situation. This article will attempt to present a guide of general application to employees so as to outline what their legal position is in terms of mandatory vaccination in the workplace.
South Africa moved back to Adjusted Level 3 of lockdown restrictions at midnight on 28 December 2020. This was in response to the resurgence of the COVID-19 pandemic albeit in a newly discovered variant which, experts say is more infectious.
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