As pandemic restrictions ease around the world, many businesses forced by lockdown to “go remote” are torn between returning to…
Labour
We address seven important questions in this regard with reference to a recent Labour Court decision in which an employee, having resigned on the grounds of ill health, attempted to withdraw his resignation after undergoing a “miraculous” recovery.
The criterion that harassment involves unwanted conduct distinguishes acts of harassment from acceptable conduct in the workplace.
“She failed to disclose these obviously material activities to her employer and was therefore manifestly acting in violation of her duty of good faith to her employer.”
“The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An employer can be held liable for failure to take any action against its employees who are guilty of such conduct. South Africa is a country plagued by a history of racism and violence and social media plays a significant role in the incitement of racial hatred and violence. The power of such posts on social media inciting racial hatred cannot be undermined.”
“Employers should find a reasonable resolution that accommodates all parties where employees refuse to be vaccinated for medical and constitutional grounds” (Ministry of Employment and Labour)
“Retirement is for people who don’t like their jobs” (Paul McCartney)
Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the…