When the worst is over.

When the worst is over.

With the advent of Covid-19 in 2019 which resulted in a national lockdown in March 2020, many Employers suffered financial distress which forced them to restructure their businesses, impacting significantly on their employees, with widespread retrenchment becoming the...
Repudiation Overturned

Repudiation Overturned

Court rules that the insured did not act recklessly. In the recent judgment of Govender versus Guardrisk Insurance Company Limited (64633/2019) [2023] ZAGPPHC 125 (2 March 2023), the High Court (HC) had to determine whether Guardrisk (the defendant) was liable to...
Close but no cigar.

Close but no cigar.

The Labour Court has recently grappled with the question relating to the legal status of an Award for reinstatement in the decision Mahlangu v Rand Water (2023) 44 ILJ 569 (LC). The Court drew on the wisdom of the Apex Court in Numsa obo Moses Fohlisa and 41 Others v...
What happens once the horse has bolted.

What happens once the horse has bolted.

More often than not, when a dismissal sanction is looming, employees enter into mutual separation agreements with employers to avoid tainted employment track records. Some employers, with the hope of avoiding unfair dismissal disputes before the Commission for...
STAY AWAY versus PROTEST ACTION

STAY AWAY versus PROTEST ACTION

In the South African Employment arena there is an increase in stay aways which are called by Political Parties and/or Trade Union Movements. As a result of the flaling economy in South Africa and the growing dissatisfaction relating to service delivery, etc., stay...