Allardyce & Partners

11/03/2022

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.

29/06/2021

The Team at Allardyce & Partners are proud to announce that Meekness Phiri has obtain her LLB degree from Unisa.

The journey for Meekness to get her LLB Degree started in January 2016 shortly after joining Allardyce & Partners. This has not been an easy journey for her and her determination and tenacity in what can only be described as extremely difficult is admirable. She studied through Unisa while working full time, while being a single mother of a new born baby, and her achievement of finalising her studies in December 2020, have seen her well on her way to realising her dream of becoming an attorney. Dedication and a lot of help from the bosses at Allardyce & Partners she managed to finalise her studies. Meekness had a dream to study but did not have the resources to do so, but when Allardyce & Partners provided her with this opportunity and embraced it and ensured that she realized her dream. Meekness is determined that one day she hopes she will be able to do the same for someone else.

We are very pleased to announce that Meekness is now registered as a candidate Attorney with Allardyce & Partners, and we wish her every success with her articles.

http://www.allardyce.co.za/congratulations-meekness/?preview_id=1616&preview_nonce=40bef37505&preview=true

29/06/2021

Failure to adhere to the Covid-19 protocols in the workplace can get you dismissed
As a consequence of the pandemic, Companies have had to put in place health and safety warnings, advice, protocols, policies and procedure at the workplace, related to Covid-19, in order to curb the spread of the virus and to ensure the health and wellbeing of all of its employees and not just any employee who has contracted Covid .

What happens if some employees choose to ignore these measures taken by an employer?

Read more...

As a consequence of the pandemic, Companies have had to put in place health and safety warnings, advice, protocols, policies and procedure at the workplace, related to Covid-19, in order to curb the spread of the virus and to ensure the health and wellbeing of all of its employees and not just any e...

26/02/2021

NO JAB, NO JOB!
UK's Approach to COVID 19, What does this mean for the SA Employment sphere?
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.
Read More...http://www.allardyce.co.za/can-you-force-an-employee-to-be-vaccinated-against-the-coronavirus/

09/02/2021

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/

13/01/2021

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/

11/12/2020

May the holiday season fill your home with joy, your heart with love, and your life with laughter.

Wishing you peace, love, and joy this holiday season and throughout 2021

We are closing our offices from the 11th Dec and will be reopening on the 6 Jan 2021

11/12/2020

Employees who wish to resign with immediate effect, to avoid disciplinary action and possible dismissal, need to be aware that the latest Labour Appeal Court decision handed down has ruled that this termination by an employee does not absolve the employee from his/her misconduct and in terms of the BCEA the employer is entitled to pursue disciplinary charges against the employee. This may have serious ramifications for employees where there misconduct also amounts to criminal action, such as theft or fraud, and accordingly the employer would be entitled to pursue not only civil action against the employee for failure to serve the notice period as contemplated in terms of the BCEA but also the employer may be entitled to deduct the amount so found to be owing by the employee to the employer as a consequence of his/her misconduct. This is over and above any criminal action the employer wishes to institute.
http://www.allardyce.co.za/wish-to-resign-with-immediate-effect/

08/12/2020

The CCMA – What’s it all about?

Everyone has heard of the CCMA. But what’s it all about? Is it just for employees to enforce their rights against nasty employers? Or does it have other functions? This article aims to demystify the CCMA. We will look at the underlying legislation, rationale, and legal principles applicable to the CCMA.

Rights of employees
Every employee has the right to be treated fairly at work. For instance, he/she may not be unfairly dismissed or forced to work overtime. The Commission for Conciliation, Mediation and Arbitration, better known as the CCMA is an independent authority that was established to enhance workers’ rights and resolve labour disputes. The CCMA was created by the Labour Relations Act.

Read More...

The CCMA is an independent authority that was established to enhance workers' rights and resolve labour disputes in South Africa.

10/11/2020

Can you deduct monies from your employees’ salary when he resigns without notice?
The CCMA was recently faced with a dispute before it (South African Transport and Allied Workers Union obo Qendwana and others / Bidvest Protea Coin (Pty) Ltd - (2020) 29 CCMA 6.7.8 also reported at [2020] 11 BALR 1235 (CCMA) ) where five former employees claimed that it had committed unfair labour practices against them on the basis it alleged that their erstwhile employer Bidvest Protea Coin(“Bidvest”) had made unlawful deductions against their salaries upon their summary resignations.

Read More... http://www.allardyce.co.za/can-you-deduct-monies-from-your-employees-salary-when-he-resigns-without-notice/

05/11/2020

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

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...