“The scale of the national COVID-19 lockdown is unprecedented in living memory. The repercussions – personal, professional, national and international – will reverberate for years to come. As entrepreneurs, we need to be making the right decisions for right now to ensure that our businesses...

“…the default position is that an executive director or a senior employee may not carry on business activities which fall within the scope of his company’s business during the time when he serves as director or works as employee. The default position however changes on...

“… arbitrators should hesitate to interfere with employer’s decisions on whether probationary employees have attained the required performance standard, or with the standards themselves” (extract from judgment below)   Our laws allow employers to hire new employees on a probationary basis, and doing so can give both...

“The employer has a duty to reasonably accommodate an employee’s religious freedom unless it is impossible to do so without causing itself undue hardship. It is not enough that it may have a legitimate commercial rationale. The duty of reasonable accommodation imposed on the employer...

“Prohibition of unfair discrimination: No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion,...

“Retirement at sixty-five is ridiculous. When I was sixty-five I still had pimples” (Comedian George Burns) Record numbers of Baby Boomers are now reaching their 60s, and if you are an employer in any size of business (from the smallest family-owned enterprise to the largest corporate),...

You want to charge one of your employees with serious misconduct so you institute disciplinary proceedings. To avoid a possible dismissal the employee resigns “with immediate effect”. Can you go ahead with disciplining the employee? Until recently the answer was no, the Labour Court having decided...

A recent Labour Court decision shows how dangerous it is as an employer when attempting to dismiss an employee, not to draw a clear distinction between misconduct and incapacity. Disciplined for depression An employee, whose track record had originally been an excellent one, was charged at...

“…it cannot be right and proper to reinstate or re-employ a person in a position that was secured by the making of false statements” (Extract from a Labour Appeal Court judgment quoted in the case below) Employees and employers alike should be aware of a recent...