Simplex-Dynamic Legal Solutions Simplex-DLS

12/10/2023

31/05/2022

Are your policies in order, let us help you today. Contact us via email at [email protected] or call 010 634 0130.

A new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace has become effective. The new code will require a total overhaul of employer's sexual harassment and harassment policies...

12/04/2022

Did you know social media posts and comments can get you into trouble at work. Check out our full video and let us know what you think.

05/04/2022

If you would like to join the Webinar Constructive Dismissal vs Witchcraft Dismissal. Here is the link - https://teams.live.com/meet/9448923196591

04/04/2022

Join one of our Labour law specialists as they unpack Witchcraft Dismissal VS Constructive Dismissal. Register today for the FREE Webinar happening on Thursday at 11am online.

28/03/2022

Sometimes you do not need a metaphoric clap back, you literally have to CLAP back. When you do you need the right muscle for it.

27/03/2022

Sick Leave /Abuse of Sick Leave in SA with reference to the Woolworths case . Kindly follow us on tiktok for more of our educational videos

22/03/2022

Happy Monday to you all. Remember we are here to assist you with any labour disputes you might be facing.

The government has published a new code of practice which is set to replace the existing Covid workplace rules in South Africa when the state of disaster is expected to lift on 15 April 2022.

15/03/2022

Let us assist you to take your employer at the CCMA or Bargaining Council.

Book your Free Consultation today.

15/03/2022

DISMISSED FOR REFUSING TO VACCINATE
Duncan Korabie Attorneys hired Mr Dreyden as a candidate attorney in 2018. The firm did work related to the Zondo Commission and had experienced cyber attacks as well as a physical break in, so due to their vulnerability to security breaches, staff could not work from home. Mr Korabie suffers from a serious medical condition and after the outbreak of Covid-19 was advised by his doctors to minimise his exposure to the virus as far as possible. The firm had an open plan layout and there was no scope for isolated work areas. The firm required all staff to be vaccinated and Mr Dreyden was dismissed when he refused. Two commissioners at the CCMA considered whether his dismissal was substantively and procedurally unfair (three had initially been assigned due to the novel nature of the disputes arising from mandatory vaccination in the workplace).

Commissioner Everett and Commissioner Warwick discuss the firm’s vaccination policy; the communications to the staff; Mr Dreyden’s contentions that there is no law requiring mandatory vaccination; and the reasons for his refusal to vaccinate. At para [75] the commissioners set out the key requirements for an employer when implementing a mandatory vaccination policy in the workplace. Each case must be decided on its own merits and at para [78] the factors that might be relevant are listed.

In the circumstances of this case, it is found that Mr Dreyden was incapable of performing his duties for the firm and as there was no alternative way to accommodate him, the dismissal was substantively fair. However, the firm fell short in procedural fairness and the level of consultation was not sufficient, Mr Dreyden being advised by Whatsapp message that his services were terminated. Compensation of one month’s pay plus four weeks’ notice is ordered.

Employers contact us for an advisory consultation before implementing Mandatory Vaccination Policies and Employees feel free to consult with us when faced with the same situation.

Email : [email protected]
Call : 010 634 0130

11/03/2022

*‼️BREAKING NEWS‼️*
*ACDP WINS CCMA CASE IN CAPE TOWN*

*WATCH THE VIDEO* - here or below https://t.me/offthegridnow/590

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

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

*HE REMAINS UNVACCINATED!*

Thank you to Rev Kenneth Meshoe, Lawyer Bongani Luthuli, the ACDP leadership and members for fighting for the constitutional rights of South Africans.

*What are your thoughts?* Comment on our chat group.

‼️ BREAKING NEWS ‼️ ACDP WINS CCMA CASE 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. With the help of the Lord and the ACDP, Mr Prince is now going back to work on a promotion. HE RE...

11/03/2022

Mandatory Vaccinations? (Workplace)
Mandatory vaccinations in the workplace is a topic that is not only of huge importance to employees and employers alike, but also affects various other rights such as your right to choose over your own body and health. However, how does such a decision affect others around you, such as your co-employees and can an employer dismiss the employee for incapacity or misconduct, if the employee refuses to vaccinate? Contact us today for more information on [email protected] / 010 634 0134 alternatively click the Booking button on this page and our team will call you immediately.