Small Business Owners: Working Remotely & Employee Vaccine Rights

                  Small and medium-sized enterprises (SMEs) have had to deal with a litany of issues since the pandemic began. Many were forced to close shop for a period of time, had to put their staff on short time or retrench and even needed to restructure their entire […]

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 […]

The TES, The Client and the Deeming Provision: The Labour Appeal Court Sheds More Light

Section 198 of the Labour Relations Act  (“LRA”) (which is the TES or labour-broking provision) defines a ‘temporary employment service’ to mean any person who, for reward, procures for or provides to a client other persons (a) who perform work for the client; and (b) who are remunerated by the temporary employment service. Among the […]

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 […]