Managing Director at Pashiou Incorporated Attorneys, specialists in Labour and Commercial Law.
Kayla Pashiou is the Founder and Managing Partner of Pashiou Incorporated Attorneys with extensive experience in commercial and labour law. Kayla has contributed to various labour law publications around South Africa. She advises clients and appears at the Labour Court, CCMA, Bargaining Council, and disciplinary hearings, where necessary.
Kayla is an admitted attorney and has completed her BCom LLB. She also completed a Labour Law Practice Course accredited by Wits University, attaining the top mark in the country.
As companies prepare for the December break, questions about bonuses, leave, working on public holidays, misconduct and other issues naturally come to the fore.
There is a fine line between extended absenteeism and desertion in the workplace. Desertion is often difficult for employers to prove, but they can still terminate a contract of employment by way of repudiation if the correct process is followed.
The answer to whether employers can force their employees to get vaccinated against Covid-19 involves weighing up individual constitutional rights against those of the public interest, consent, and in the absence of specific legislation, to inform them of the benefits.
South African companies and organisations considering using demotion as an alternative to retrenchment need to bear in mind several labour law considerations with regard to its context and correct implementation.
The general requirements for a fair dismissal based on an employer's operational requirements are to be found in section 189 of the LRA. However, section 189A provides for specific procedures and remedies for instances of large-scale retrenchment. The similarities and differences between these two sections therefore need to be considered.
Rental payment problems caused by COVID-19 – Landlords and tenants need to consider how best to decrease their risks