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There are a number of alternatives to retrenchments, which are suitable to both employees and employers. However, employers are cautioned to ensure that they are procedurally and substantively fair and are proposed as such, under a consensus seeking process, in terms of the Labour Relations Act.
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COVID-19: Its impact on employment contracts in Zimbabwe – an analysis into Zimbabwean Labour Law and the relevant legal principles which could serve as a guide for employers and employees in reaching an equitable compromise in dealing with the pandemic
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What happens when an employee steadfastly refuses to remove a light blue hairpin in contravention of a dress code that requires hairpins to be navy blue or black?
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It’s alarming how quickly the COVID–19 (or “Coronavirus“) is spreading. Employers and employees need to do all they can to limit the impact of this on businesses, as our economy is already under severe strain! Businesses need to stay open and keep doing business or else!
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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 principle that individual rights are outweighed in certain circumstances is well established in our law, as indicated by a number of judgments which confirm that an individual’s right to refuse being vaccinated in terms of section 12(2)(b) of the Constitution is not cast in stone.
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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.
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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..
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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.
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Baloyi v Public Protector and Others 2021 (2) BCLR 101 (CC) Whether, in terms of the Labour Relations Act 66 of 1995 (the LRA), the High Court and LC enjoyed concurrent jurisdiction over an alleged unlawful termination of a fixed-term contract of employment.