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Filter: Employee
Can you dismiss an employee for refusing to be vaccinated?

21 March 2022,  Sinenhlanhla Khoza

Many companies are struggling with the question of whether they can make it mandatory for their employees to be vaccinated against the Covid-19 virus and, if necessary, even take disciplinary steps against an employee who refuses to be vaccinated. So what does our law say about this?

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533
Article
Minister issues Code of Practice to manage Covid-19 in the workplace

16 March 2022,  Tata Mokwayi

On the 15th of March 2022, the Minister of Employment and Labour, Thulas Nxesi, issued a Code of Practice to manage the exposure to SARS-CoV-2, also known as Covid-19 in the workplace. The code shall take effect on the date of the lapsing of the Declaration of a National State of Disaster declared under GN313 of 15 March 2020, and extended in terms of section 27(2) of the Disaster Management Act, 2002 (Act No.57 of 2002). 

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552
Blog
What if the employee working from home, does not work at home?

08 February 2022,  Justin Boikanyo

If your business has employees working from home, you may be concerned about whether your employees are in fact working their required hours, or if they may instead be “stealing time” from your business. Should companies merely accept this as the new world of work due to the pandemic, or can a company act against such employees?

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314
Article
What is the chance of being reinstated following a dismissal?

15 November 2021

I recently dismissed an employee that was causing serious conflict in our workplace. I’ll admit that the dismissal was done rather hastily, but we had to get rid of this employee. The employee has taken us to the CCMA, and given that there may be issues with the dismissal, the CCMA may not find in our favour. That’s fine and I’m prepared to pay compensation, we just cannot afford to have this employee back at work. What are the chances that the CCMA may order the reinstatement ...

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165
Article
Can you be dismissed for not wearing a face mask at work?

12 October 2021,  Justin Boikanyo

I’m an HR manager and also responsible for health and safety at my workplace. Lately I’ve noticed an increasing number of employees failing to keep their Covid masks on at work, despite regular warnings. My employer is very worried about this and has asked if we are allowed to dismiss employees that blatantly fail to adhere to our Covid-19 protocol of wearing a face mask. Not wearing a face mask is in my view very serious, but dismissing someone is also a serious step. Can someone be...

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124
Article
Can Covid-19 vaccinations be made compulsory by employers?

10 August 2021,  Sinenhlanhla Khoza

I work in a large retail store, and rumours are that my employer is going to require all employees to be vaccinated for Covid-19. I don’t have a problem with anyone getting the vaccine, but I haven’t made up my mind yet as to whether I want to get vaccinated. What are my rights in this regard, and can my employer force me to get vaccinated?

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141
Article
What does the new minimum earnings threshold mean for employers?

16 April 2021,  Tata Mokwayi

I noted recent media reports that indicated that a new minimum earnings threshold for employees has been promulgated. Is this correct and what does this mean for business owners?

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138
Article
Dismissed for refusing the Covid-19 vaccine - is that fair?

17 March 2021,  Sinenhlanhla Khoza

With the words “I have been vaccinated!” being common among our healthcare workers these days, it is natural to start wondering whether your job may be at risk for refusing to receive the COVID-19 vaccine. Right now there is no law in South Africa that obligates an employee to receive the Covid-19 vaccine.  In fact, there is no legislation which regulates the circumstances under which an employer may force an employee to undergo medical treatment as opposed to medical ...

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377
Blog
Can my employee refuse to come to work because of Covid-19?

16 March 2021,  Sinenhlanhla Khoza

Although we are nearing the tail-end of the Covid-pandemic, I still have a number of my employees that are refusing to come to work because of Covid-19. I’ve tolerated them being at home, but my problem is that there is very little work they can do from home, yet I have to pay them. Can I force them to come back?

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142
Article

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