COIDA Amendment Bill: A changing work order – employers beware of administrative fines

Amendments encapsulated within the Compensation for Occupational Injuries and Diseases Amendment Bill (the Bill) have introduced harsher penalties to be levied upon employers regarding unlawful conduct in connection with workers’ compensation. In light of an over-crowded court roll, employers will no longer face criminal sanctions by a court of law. These sanctions will instead be…

Cross Examination is a Right

At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out…

Dirty hands will be canned at CCMA

In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in reasonable working conditions and to avoid rendering the…

Resignation with immediate effect cannot be used as a mechanism to escape disciplinary action

Labour Appeal Court (LAC) has finally resolved the debate as to whether an employee’s resignation with immediate effect negates an employers’ right to discipline an employee during their notice period. In the judgment of Standard Bank of South Africa Limited v Chiloane (handed down on 10 December 2020), the court confirmed an employers’ right to…

SICK PAY FUND COVID-19 SPECIAL SICK LEAVE RULE

This Rule seeks to provide a special COVID 19 sick leave benefits from the Sick Pay Fund at 50% of the remuneration for employees who are Covid-19 asymptomatic and are required to quarantine after contact with a Covid-19 positive person/s. In such cases, the employee would need to claim illness benefits from the UIF as well as from…

IRNetwork Today: Case Law

Procedural fairness in dismissalErasmus and another / Traffic Management Technologies (Pty) Ltd – (2020) 29 CCMA 7.1.18 also reported at 11 BALR 1170 (CCMA) Subject matter classification:Procedural fairness in dismissal – Dismissal – Non-renewal of fixed-term contracts – Employer allowing employees’ fixed-term contracts to lapse after consulting with them over possible retrenchment – Non-renewal…

ConCourt victory for domestic workers

Yesterday, judgment was handed down in the Constitutional Court of the Republic of South Africa which declared section 1(xix)(v) of the Compensation for Occupational Injuries and Diseases Act, 1993 unconstitutional to the extent that it excludes domestic workers employed in private households from the definition of “employee”, thereby preventing them from accessing workers’ compensation. This…

Compensation for catching Covid-19 at work: new COIDA directive

The Department of Employment and Labour has issued revised guidelines on how to submit claims to the Compensation Fund for Covid-19 contracted in the workplace. The Department of Employment and Labour (DEL) recently issued a revised Directive on Compensation for Workplace-acquired Novel Corona Virus Disease (Directive). This Directive replaces the previous directive issued by the…

Cross-Examination is a Right

At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out…