McCarthy Attorneys Inc

Liza Hall

Developments In Preventing And Eliminating Violence And Harassment In The Workplace

A Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work was published for comment on the 20th of August 2020. Four forms of violence and harassment in the workplace are enumerated, namely: sexual violence and harassment; racial, ethnic, or social origin violence and harassment; workplace bullying; and protected disclosures. This code […]

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Employee Deviation And An Employer’s Vicarious Liability

Vicarious liability is a common-law doctrine whereby an employer is considered liable for the unlawful or delictual acts or omissions of an employee performed during the course and scope of their employment. The employer is held liable even though they did not, per se, engage in the wrongful conduct. The simple reason for this is that employees are the means by which an

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What Employers Need To Know About The Draft Employment Equity Amendment Bill

The Minister for Employment and Labour has published a Draft Employment Equity Amendment Bill, which proposes specific targets as far as affirmative action is concerned, and which any entities that do business with the State will have to comply with, failing which they will be unable to do any business with the State.   In addition,

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Virtual Retrenchment Consultations

The Labour Court in Food and Allied Workers Union (FAWU) v South African Breweries (SAB) held that where an employer offers to consult in the retrenchment process in a particular manner (in this instance via video conferencing) and the other party refuses to consult in the proposed manner, completion of the retrenchment process without the

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Claiming COVID-19 Benefits-UIF

The Unemployment Insurance Fund will compensate affected workers through a new “National Disaster Benefit” and its existing Illness, Reduced Work Time, and Unemployment benefits. The benefits which can be claimed in respect of the UIF by an employee as a result of the COVID-19 outbreak in South Africa include: Reduced Work Time Benefits Illness Benefits

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