Jan du Toit: Director

Topics covered during the Case Law Presentation:

• Sick leave - Failure to report absence timeously
• Union representation at the CCMA – You cannot represent because membership is not in good standing
• Mutually agreed termination - Signed VSA …. but you retrenched me!
• Lasers and forklifts mixed with cannabis.
• Driving Under the Influence – Trainee law enforcement officer getting practical experience.
• Alcohol – Is proof of impairment required to charge an employee for "testing positive for alcohol"?
• Sexual harassment – The bottom smacking manager
• Dishonesty – But my supervisor also recorded incorrect overtime.

Nicolene Erasmus: Director

Topics covered during the Case Law Presentation:

• Bullying – When gaslighting a colleague crosses into a dismissible offence
• Misconduct – "There's no rule against it" is no defence
• Sexual harassment – So serious the breakdown in trust speaks for itself
• Racism – The racial slur that cost an employee her job
• Off-duty, out of line – The officer who took the law into his own hands
• Insubordination – When refusing an impossible order is the right call
• Gross negligence – A fatal shortcut on a mine, and the dismissal that followed
• Double jeopardy – Can an employer overturn a "not guilty" and still dismiss?
• Discrimination – Mocking an employee's orientation, even by "one of their own"

Tinus Boshoff: Director

COIDA Rehabilitation, Reintegration and Return-to-Work Regulations – What Employers need to know

The new COIDA Rehabilitation, Reintegration and Return-to-Work Regulations place significant additional responsibilities on employers when managing employees who have suffered occupational injuries or diseases.

This update will focus on unpacking the legal requirements and explaining how these regulations impact your organisation, policies, and the day-to-day management of incapacitated employees.

COIDA regulations topics:

• New and amended definitions
• Overview of the new regulations
• Employer obligations under the new COIDA Regulations
• Developing and implementing a Return-to-Work Policy and Programme
• Rehabilitation, reintegration, and reasonable accommodation requirements
• Communicating with injured employees during the recovery process
• Alternative work and modified-duty options
• Supporting employees through rehabilitation and workplace reintegration
• Disability inclusion and workplace awareness
• Reporting obligations to the Compensation Fund
• Managing dismissals, incapacity, and remuneration issues in compliance with labour legislation
• The role of Employee Health and Wellness Representatives

Purpose of the course:

To give an overview of important recent developments in terms of labour related judgments.

Upon completion of this course, delegates will be able To:

• Better understand labour legislation as interpreted by judges and how to effectively and fairly deal with similar matters in the workplace.
• Identify how new judgments affect workplace policies, disciplinary procedures, and employer obligations
• Apply case law principles to real-world scenarios involving dismissal, misconduct, and dispute resolution
• Recognise emerging trends in CCMA arbitration awards and Labour Court decisions
• Anticipate legal risk and adjust HR and IR strategies accordingly

This course will be useful for: