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In the fourth of four articles which look at what happens when parties refuse to participate virtually, Dr Hilda Grobler discusses why there are no valid reasons for hearings not to be held virtually, in order to ensure that courts and other fora remain functional.
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The developing law has been and is still being outpaced by the coronavirus pandemic, but it is quite apparent that while the employer bears the obligation to ensure that the workplace is safe, the employee also has corresponding obligations.
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Dismissal is appropriate when a Covid-19 health and safety policy is breached by an employee who fails to self-isolate when they have Covid-19 symptoms, or who continues to come to work after having been tested positive for the virus.
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The publication of the revised Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces on 11 June 2021, does not mean that employers are now entitled by law to subject employees and independent contractors to mandatory vaccinations.
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Reinstatement isn’t always a given remedy in dismissal for misconduct cases. Section 193(2) of the Labour Relations Act compels arbitrators to consider facts even though no evidence has been led or presented: a fresh perspective from the Labour Appeal Court in a recent case
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We know that employers must provide a safe workplace. But what are his rights, and what demands can he make on employees in implementing and managing the containment of the COVID-19 pandemic?
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In the second of four articles which look at what happens when parties refuse to participate virtually, Dr Hilda Grobler discusses what happens when parties refuse to participate virtually in retrenchment consultations. It is done with reference to what the Labour Court had to say when FAWU claimed procedural unfairness when the consultation proceeded in its absence.
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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.
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The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s DirectiveAmendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.
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The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s DirectiveAmendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.