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Lexis Nexis
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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. -
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. -
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. -
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. -
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. -
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. -
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. -
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 -
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. -
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?