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labour law Tag

Hammond Pole Attorneys > Posts tagged "labour law"
04 July
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Everything you wanted to know about sick leave

Posted by Hammond Pole
in Labour Law, Legal Advice

A blog article by: Carla de Waal It’s inevitable: There are days when one feels ill and cannot report to work or might have a medical emergency that requires rest and recuperation. Sick leave is regulated by Sections 22(1) to 22(4) of the Basic Conditions of Employment Act ("the Act"), and a sick leave cycle starts as soon as an employee begins employment.   What exactly is a sick leave cycle? During 36 months beginning on the first day of employment, employees are eligible for paid sick leave with the same employer. The number of sick days should be equivalent to the exact number...

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23 May
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Unfairly dismissed? Five steps to take when dealing with the CCMA

Posted by Hammond Pole
in Labour Law

Blog article by Tania Jones  Unfair dismissal is the termination of employment without substantive reasons existing and/or a fair procedure being followed - such as a disciplinary hearing - or both.   If you feel that you have been unfairly dismissed, you may want to report the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA), an organisation with specially trained staff, to assist employees and employers with labour disputes.   While it is never wise to ‘burn bridges’ with your employer, it is sometimes unavoidable, and you are within your rights to lodge a dispute with the CCMA if you feel it is...

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06 July
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Supreme Court of Appeal (SCA) Judgement

Posted by Hammond Pole
in Hammond Pole Blog, Legal Advice
supreme court of appeal

Written by: Dylon Fisher and Salome Labuschagne   High Courts Have to hear matters even if quantum is within Magistrate’s Court jurisdiction.   In the past attorneys and financial institutions have been disallowed from instituting action out of the majority of the High Court where the quantum is less than R400 000, which has caused havoc with everyone’s processes and efficiency. We are pleased to note that this has now changed for the better.   In the matter of Std Bank vs Thobejane and Std Bank vs Mponga, the Supreme Court of Appeal which is the highest court in the country for these matters, has ruled that...

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29 June
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Is vaccination in the workplace compulsory?

Posted by Hammond Pole
in Hammond Pole Blog, Labour Law
vaccination-in-the-workplace

Employers have until 2 July to update their Workplace Plan with regards to mandatory vaccinations.   For most, that would seem to be a plot in a science fiction movie, especially in South Africa, which for all intents and purposes is a poster child country with extensive human rights enshrined by our Constitution. Surely no one can force someone to get the COVID-19 vaccination, especially when the President himself left the decision to its citizens?   Directive from Government   An updated Consolidated Direction on Occupational Health and Safety was released by the Department of Employment and Labour on the 11th of June 2021 and it...

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24 June
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Working from Home: What’s the law?

Posted by Hammond Pole
in Hammond Pole Blog, Labour Law
working from home

While it certainly is more comfortable, are you legally obligated to work in the office if you feel unsafe doing so? What are your rights as an employee when it comes to working from home?   Unlike when we had our first lockdown, this current third wave is different! We are no longer dealing with the state of shock that we all experienced previously due to acclimatising to a new way of life. The shock has now passed, and most of us just want to get on with business as usual.   Covid-19 forced radical, immediate developments within most industries. Most companies jumped into...

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