What are your rights when it comes to forced COVID-19 testing?
As the COVID-19 pandemic is spreading across the globe, Minister of Health, Zweli Mkhize has expressed his concern that there is not enough testing being done in South Africa. By the 14th of April, 83,663 tests had been conducted in South Africa according to www.worldometers.info. During the early stages of this pandemic, it was far clearer […]
Have you finally had enough?
Constructive dismissal is defined as a situation in the workplace, created by the employer, that renders the continuation of the employment relationship intolerable to the extent that the employee has no other option but to resign. In CEPPAWU & another v Glass & Aluminium, the Court explained it best, stating that constructive dismissal involves a resignation due […]
When is a consumer entitled to a refund?
Despite tough economic circumstances amidst the COVID-19 pandemic, shops continue to advertise big sales, discounts, and promotional offers. Whether it is Black Friday, Boxing Day, or just an end-of-season sale, there seems to always be a reason for a sale. The question that the consumer may have is: What if I buy something, on a sale or otherwise, and later change my […]
Misconduct as a result of mental illness
In November 2013, the employee was charged with: Being absent for 17 days between 30 August and 5 November; Breaching the employer’s policy by failing to inform his manager of his absence; Insolence towards a superior; and Insubordination in that he refused to attend to a prisoner as instructed. The employee admitted all the transgressions, but defended his actions on the basis […]
Mediate rather than litigate
Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques”. Mediation, when utilised in law, is a form of alternative dispute resolution. Parties that are involved in a dispute may choose the mediation process to resolve the issues between them, either before […]
Understanding force majeure in relation to contractual obligations
Common Law position – in absence of a “force majeure” clause A force majeure is an act of God or man (such as a war, strike, riot, crime, plague, or an event described such as a hurricane, flood, earthquake, volcanic eruption, etc.), that is unforeseeable, out of the reasonable control of the parties to a […]