Jason Whyte

Constitutional Court clarifies the use of replacement labour during strikes and lock-outs

By Jason Whyte on April 24, 2023 Posted in South Africa

This blog was co-authored by Heidi Davis, Trainee Associate On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended. Following unsuccessful claims in both the … Continue reading

Can South African employers require their employees to undergo mandatory vaccination and testing for COVID-19?

By Jason Whyte on January 26, 2021 Posted in South Africa

South Africa is now deeply within its second wave of COVID-19 infections which appears to be significantly more widespread than that which prevailed during early to mid-2020. Since then, and in response to the pandemic, global efforts have successfully developed both expedited means of testing for the virus and, more recently, vaccines. Employers may thus … Continue reading

Six things you need to know about doing business during Alert Level 1

By Jason Whyte and Laura Macfarlane on November 4, 2020 Posted in Coronavirus, South Africa

The national state of disaster has been extended to 15 November 2020, and a further extension is imminent. Employers must become comfortable with the regulatory framework under alert level 1. Here are six things to keep in mind to ensure your business is compliant. Risk assessments and workplace plans An employer is required to have … Continue reading

Five steps to take when an employee tests positive for COVID-19 in the workplace

By Jason Whyte and Laura Macfarlane on November 4, 2020 Posted in Coronavirus, South Africa

With more employers embracing the return to work, employers must be up to speed on what is currently required when an employee becomes infected with COVID-19 at the workplace. Here are 5 practical steps to take when an employee is infected at your workplace: Step 1: Report If an employee is confirmed to have contracted … Continue reading

Employees must accept contract changes that avoid dismissals despite s187(1)(c)

By Jason Whyte on July 1, 2019 Posted in South Africa

Section 187(1)(c) of the LRA provides that it is automatically unfair for an employer to dismiss an employee where the reason for that dismissal is the employee’s refusal to accept a demand in respect of any matter of mutual interest. In other words, seemingly an employer may not dismiss an employee who refuses to agree … Continue reading

Minority trade unions make good bedfellows

By Jason Whyte on November 29, 2018 Posted in General, South Africa

In UASA, Solidaity and NUM v Lonmin Platinum PLC and AMCU (HO1312-18), the CCMA was tasked with determining the question of whether three minority trade unions, acting jointly, could obtain organisational rights at Lonmin in order to challenge the influence of the majority union (AMCU). Section 18 of the Labour Relations Act, 1995 (the LRA) … Continue reading