Allardyce & Partners

Breaking News - ACDP wins case in CCMA in Cape Town

Mr Wayne Prince was unfairly dismissed from his job for refusing to vaccinate. He stood firm on his constitutional right to bodily integrity.

ACDP says that with the help of the Lord and the ACDP, Mr Prince is now going back to work on a promotion.

HE REMAINS UNVACCINATED!

Watch this space as the plethora of CCMA/ Labour Court cases upholding employer's dismissal of employees who refuse to be vaccinated may be revisited.

Contact Allardyce & Partners on 011-234 2125 or [email protected] for assistance.

Can you force an employee to be vaccinated against the coronavirus?
Bear in mind that there is no legal obligation, at this time, on an individual employee to be vaccinated against the coronavirus. What does that mean for an employer who wishes to create a safe and healthy work environment not only for that individual employee but also the entire workforce.

An employer can encourage its employees to be vaccinated and can take steps to achieve this however unless it can show that it would be an inherent requirement of the job, thus affecting the capacity of an employee to perform his or her job. This would be true for example in the health and often allied industries where employees are required to work in close contact with people and thus are at risk from either themselves transmitting the virus or from contracting the virus from an infected person and in turn infecting his/her fellow employees and others such as their patients.

In order for an employer to be able to properly deal with this new phenomena employers are encouraged to review their policies particularly pertaining to the health, safety and welfare of its workforce.

Read More...http://www.allardyce.co.za/can-you-force-an-employee-to-be-vaccinated-against-the-coronavirus/

Practice and procedure
Centre for Autism Research and Education CC v Commission for Conciliation, Mediation and Arbitration and others (2) - (2020) 29 LC 1.13.13 also reported at [2020] 12 BLLR 1260 (LC)

Subject matter classification:
Practice and procedure - Application for leave to appeal - Dismissal - Constructive - Employer seeking leave to appeal against finding that employees had been constructively dismissed because of intolerable bullying - Leave to appeal refused.

Read More...http://www.allardyce.co.za/practice-and-procedure/

Tungsten launches Quantura alternative litigation funding model in South Africa
Global engineering and construction claims consultancy Tungsten Capital has launched its Quantura subsidiary in South Africa, through which it will provide an alternative method of funding and developing commercially viable construction and engineering claims.
Read the more. https://www.engineeringnews.co.za/article/tungsten-launches-quantura-in-south-africa-alternative-litigation-funding-model-for-construction-engineering-sectors-2020-11-05

Tungsten launches Quantura alternative litigation funding model in South Africa Global engineering and construction claims consultancy Tungsten Capital has launched its Quantura subsidiary in South Africa, through which it will provide an alternative method of funding and developing commercially viable construction and engineering claims. Allardyce & Partners Attorneys director...