Attorney at Arnold Law Legal Consultancy
Fadia Arnold has a Bachelor of Social Sciences in Labour Law, HR and Industrial Relations (B.Soc.Sci) and Bachelor of Laws (LLB), specializing in labour law in her final year, both obtained from the University of Cape Town (UCT - Dean’s Merit List).
Fadia commenced articles in 2009 and was admitted in 2011 as an attorney and has approximately ten years’ experience in general practice litigation, administration of estates, and labour law litigation having appeared nationwide in the CCMA/Bargaining Councils and Labour Court.
She is currently a director and attorney at Arnold Law Legal Consultancy specializing in labour law and frequently writes for various online publications on legal topics as well as guest speaking on various radio stations weekly on general legal topics and labour law topics, specifically COVID-19 related as of late, naturally.
Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation. This article gives some welcome clarity on the differences between an Employee and an Independent Contractor and the recourse and protection each has, or does not have, respectively..
There has never nor is there presently any labour or employment legislation which regulates or controls the use of the test or to protect the Employee's right against the abuse of the test by an Employer seeking to dismiss or punish an Employee. Polygraphs can only be used when consent is freely given or permitted in the employment contract.
Employers have to comply with the correct retrenchment process in the 2021 second wave of COVID-19 or they will find themselves in further financial difficulties, possibly having to pay compensation for non-compliance.
As we head into the yearly commemoration of National Wills Week in South Africa, it is significantly imperative to educate one’s self on the importance of having a Last Will and Testament in place as well as what the consequences for family members or unmarried life partners would be if their loved ones passed on without a will or with an outdated will not reflecting their true and updated beneficiary wishes prior to death.
Insightful suggestions for conducting disciplinary hearings via online platforms such as Zoom, when employees cannot enter the workplace due to the lockdown.