Does Failure to Accept Change to Employment T’s & C’s Result in Automatically Unfair Dismissal?
National Union of Metal Workers of South Africa vs Aveng Trident Steel and another [2021] 1 BLLR 1 (CC) Does the refusal by an employee to accept a change to terms and conditions of employment as an alternative to retrenchment constitute a “refusal to accept a demand in respect of any matter of mutual interest […]
Uber Drivers Caught Out As No Precedent Yet In Local Courts
Uber has been in the news of late thanks to the UK’s Supreme Court ruling in February that Uber UK grant drivers basic employment protection. The win will give 70,000 drivers access to holiday pay, a pension scheme and will be entitled to be paid at least the national living wage. It was not […]
Alternatives to Retrenchment
During stages 5 and 4 of the national lock down, when businesses not involved in providing essential services were prohibited from operating, the oft quoted “No work no pay” principle applied by operation of law. In essence, the government-imposed prohibition on business operations created a supervening impossibility of performance for both employer and employee resulting […]
Update and Clarity on the Difference Between the National Disaster Benefit Fund and TERS
We continue to receive numerous queries relating to the National Disaster Benefit Fund (“NDBF”) and Temporary Employer/Employee Relief Scheme (“TERS”) Govern…