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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.
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.
Rental payment problems caused by COVID-19 – Landlords and tenants need to consider how best to decrease their risks
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.
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.