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As companies prepare for the December break, questions about bonuses, leave, working on public holidays, misconduct and other issues naturally come to the fore.
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The start of 2020 has seen the implementation of the new Labour Laws Amendment Act. And, one of the biggest changes has been in the creation of parental leave allowances. When it comes to parental leave, these new regulations came into effect on 1 January 2020, including parental leave in cases of adoption and surrogacy, as well as paternal leave in all circumstances.
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In Gqithekhaya and Others v Amathole District Municipality [2022] 4 All SA 106 (ECLD), an employee has no legal entitlement to be remunerated and should in principle pay back the money if he was paid while participating in an unlawful strike.
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In the third of four articles which look at what happens when parties refuse to participate virtually, Dr Hilda Grobler discusses the findings of the Labour Court where a party failed to attend her disciplinary hearing by linking up. She was Zoomed out of a job.
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Authority for the position that whilst compensation is generally regarded as solatium, factors related to actual patrimonial loss may be relevant to determining compensation that is just and equitable.
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The removal of directors should be carefully considered (especially) when a Director contracts with the Company for a specified period. A premature termination (unless he/she has committed a serious breach of the agreement) may entitle the aggrieved Director to damages. It is therefore critical that Companies construct their own internal procedures to deal with issues of this nature.
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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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In the first of four articles which look at what happens when parties refuse to participate virtually, Dr Hilda Grobler summarises responses from the Supreme Court of Appeal (SCA) and the High Court to litigants who believe they have the right to insist on face-to-face hearings. They do not.
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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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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