A year and four months into the Covid-19 pandemic, many are still unsure as to what protocols need to be followed when coming into contact with someone who has tested positive for covid. In the Labour Court Judgment, Eskort Ltd v Mogotsi and Others (LC) (unreported case no JR1644/20, 28-3-2021) (Tlhotlhalemaje J), the employee was charged for misconduct and gross negligence.

On 11 June 2021, the Government published an amended Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces (the “Direction”). Of particular significance in the Direction is the inclusion of guidelines (the “Guidelines”) concerning the possible imposition of mandatory Covid-19 vaccination policies.

Uber SA may face a class action lawsuit in the Labour Court which is presently being prepared by a Johannesburg based law firm on behalf of South African Uber drivers. This follows a decision passed down by the UK Supreme Court on 19 February 2021 which ruled in favour of granting employees’ rights to Uber drivers, previously classified as independent contractors.

Most employers will be familiar with or at least aware of dishonesty and it’s more typical appearances in the workplace, among others, theft, fraud, time abuses and bogus medical certificates, falsifying qualifications, or an employee’s lies to cover up errors or incomplete work. What happens if an employee were to mislead an employer during a company investigation or misstate facts during proceedings against the employer? How does this impact upon the employment relationship?

The mere fact that an employee fails a polygraph test is not in itself sufficient to find an employee guilty of dishonesty.

Here are two important recent developments in the South African employment law landscape effective from 1 March 2021 that you should know about.

Restraint of trade agreements are, with exception, valid and enforceable in South African law and have risen to considerable prominence, particularly in employment contracts. For ex-employees seeking to avoid their restraint clauses, there rests an onus on them to prove that enforcement would be unreasonable, and therefore contrary to the public interest. This frequent contest in our Courts has culminated in a generous body of case law and ever evolving legal arguments.

Project-based recruiting is relatively common in South Africa and so are the related employment contracts catered to the needs of the employer’s client. Service providing employers place employees with clients in terms of fixed-term eventuality contracts. These contracts typically make provision for the contract to terminate upon termination of contract between the employer and the client, it being that the client no longer requires the services rendered by the employer.

Whilst the world and indeed South Africa continues to monitor the ongoing Coronavirus (COVID-19) pandemic and it’s far reaching consequences, HJW Attorneys have taken the time to present some insight into a number of workplace issues, which can now be considered to be relatively commonplace.