South Africa: Guidance issued on mandatory vaccination policies for the workplace Source Baker Mackenzie In brief On 11 June 2021, the Department of Employment and Labour in South Africa issued guidance on vaccination policies in the workplace, in the form of the amendment to the Consolidated Direction on Occupational Health and Safety Measures in Certain… Continue Reading
Can an employee be fired for refusing to be vaccinated?
Editor’s note: since writing this article, the Department of Employment and Labour in South Africa issued guidance on vaccination policies in the workplace. Employers seeking to implement a mandatory vaccine policy must undertake a risk assessment, See this article Countless South Africans are anxiously awaiting their chance to get vaccinated against the novel coronavirus (COVID-19). However,… Continue Reading
Videoconferencing during lockdown
Our courts have held that under lockdown conditions it is practical and indeed desirable that consultations between employers, employees and trade unions can take place via platforms like Zoom and Skype, as long as consulting parties have the necessary tools to meaningfully participate in this manner. In the recent Labour Court matter of Food and Allied… Continue Reading
Can a domestic worker return to work under Level 3?
Some snippets from recent amendments to the regulations. Can a domestic worker return to work under Level 3? The regulations state that they can’t, unless: (a) the worker is live-in; (b) the service is provided to essential and permitted service workers, the sick, mentally ill, elderly, people with disabilities and children; or (c) the domestic… Continue Reading
COVID-19 – Temporary measures in respect of entry into or exit from South Africa
The Home Affairs department has introduced temporary measures in respect of entry into or exit from South Africa for emergency medical attention for a life threatening condition, for the return of South African citizens and the repatriation of foreign nationals to their countries of nationality or residence in order to prevent and combat the spread… Continue Reading
Non Compos Mentis in The Time Of Covid-19
A client asked me if she could still act on a power of attorney that her mom signed in her favour now that her mom is so ill, she can’t make informed decisions. In South Africa, a power of attorney terminates on the incapacity of person (who becomes incompetent in law and is deemed “to… Continue Reading
The effect of failure to adhere to deadlines under lockdown
A client asked: What happens to time periods stipulated in contracts during this lock down, when compliance would force a breach of the lockdown rules? In South African law, as a rule, if a person is prevented from performing his contract by vis major or casus fortuitus, he is discharged from liability. “Vis maior means “some force, power or agency which… Continue Reading
Lockdown & My Business
Many clients, both businesses and individuals, are concerned about: business closures and retrenchments. the legalities behind contracts and deals Our law firm faces similar concerns, so we share your worries and are here for you. We are happy to consult on employment related issues via Skype or Zoom for R500 plus VAT per ½ hour.… Continue Reading
COVID-19: can I stop paying my rent?
To curb the spread of the Covid-19 pandemic only essential services such as grocery stores, medical facilities, pharmacies, fuel stations and banks can operate during the lockdown. BIG BUSINESS The Covid-19 lockdown is forcing more retailers into a position where they cannot afford to pay their rentals, which adds to the pressures being experienced by retail landlords.… Continue Reading
Now is the time to consider your estate planning
I previously suggested that there has been a massive rise in demand for wills and estate planning from people worried about COVID-19, as the awareness of mortality amid a pandemic increases. Our specialist consultant, an estate planning expert, Dr Mervin Messias, urges you to immediately put your affairs in order. He is prepared to have an… Continue Reading
COVID-19 Update