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Katie Van Der Schyff
+27 (83) 781 0588

Next Event


21 Oct 2021


All Day



Contentious Employee Relations Issues in The Times of Covid


Throughout times of disruption there are ever present and exciting opportunities to introduce innovative ER practices and to move away from the archaic. The recent socio-economic unrest as well as the lasting effects of Covid-19 have created exactly such an opportunity for South Africans to reapproach their policies- substituting outdated methods for effective processes that accurately address the shifting ER dynamics. Now more than ever, there is a need for agile and alert ER management, the constant sourcing of knowledge and new developments in order to provide for seamless, expeditious, but nevertheless low risk LR practices and processes.

In light of this, Knowledge Resources will be hosting a practical workshop on the topic of contentious Employee Relations in the times of Covid-19 on the 21st of October, 2021.  The workshop will provide insight and guidance into how best to approach the changing ER landscape, as directed by two of the top experts in the South African labour law field- Jan Nel (Snr.) and Jan Kemp Nel.

We sincerely hope to see you there!


  • Abbreviated ER procedures inclusive of Discipline, Absenteeism, Poor Work Performance, Dismissal and Retrenchment
  • Compulsory Vaccinations and the preferred Employer reaction plan to both vaxxers as well as non-vaxxers; (shared responsibilities and obligations ito statute and common law)
  • OHS Direction: Employer’s Risk Assessment obligations
  • Virtual Hearings and Consultations and requisite paperwork
  • The concept of “Dependant (sub) Contracting” as a temporary transitionary measure
  • WFH problems and solutions
  • Recent relevant CCMA and Labour Court case law.


  • You will be instantly equipped to deal with a   variety of ER thorny issues and will be in a position to provide credible advice and/or information at all company levels
  • A professionally compiled workbook will be issued and will serve as an invaluable source document.


  • IR/ER managers and specialists
  • Business owners
  • Line managers
  • HR management
  • WFH specialists
  • Trade union officials
  • Labour and commercial lawyers
  • Consultants
  • NGO’s
  • Entrepreneurs


1. Reciprocal rights and duties
A matrix of topical employee / employer rights:  inclusive of constitutional, common law & statutory rights and others; understanding the limitation of rights; the role of social media and fake news: employer’s duty to dispel.
2. Incapacity and ill-health proceedings
Specific forms of incapacity / ill-health; sick-leave entitlement; breaches of contract in no-fault instances.
3. Conduct issues
Covid, absenteeism and insurrection related misconduct:  updated rules and regulations; schedule 8 of the LRA: code of good practice – dismissal.
4. Virtual hearings and consultations
Internal hearings and consultations; CCMA and labour court matters; practical tips; minimum hearing requirements; preventing foul play.
5. Retrenchments: minimum requirements
Testing the parameters of retrenchment dismissals; remote consulting; sample consulting correspondence; payment of severance pay (timing of & extended payments); expedited procedures; Risk factors: unfair dismissal claims – who has jurisdiction?
6. Vaccination law Compulsory vaccinations; operational risk analysis; procedural flow-chart; rights and obligations; reciprocal duties; contract vaccination clauses; vaxxers v non-vaxxers; vaccination policy and procedure (provided); employer formal decision and resolution (template)
7. WFH employees
Remote consultations/hearings; monitoring and surveillance; privacy; substance abuse; WFH policy and procedure (provided).
8. Changing employment terms and conditions
Crucial   new contract clauses; methods of expedited introduction of change; change by means of the doctrine of acquiescence; unilateral introduction of change; negotiation or consultation?
9. Recent CCMA awards and labour court judgments
Covid and insurrection related dismissal; traversing some 12 recent cases:  What can we possibly learn from these cases – practical implications.
10. Essential policies
A to Z of essential HR/ER policies.

About the facilitators

Jan Nel (Snr.)

Jan Kemp Nel (Snr), BA, LLB (UP) and Dip LR (Unisa), has extensive experience of the dynamics and practices of employment and labour relations law, and is a specialist in contract of employment law, in which he has been specializing for over the last 35 years.  During this time, he was involved in a multitude of both CCMA and Labour Court cases and skirmishes, trials and settlements representing employers, employees and trade unions alike.  He has also developed and introduced strategies and systems designed for optimal quality in employment relations generally.  He advocates and practices a preventative structured approach, recognizing that conflict is inherent but that conflicts can always be resolved.  Jan is also the author of The Dismissal: A Practical and Informative Toolkit to Ensure a Fair and Effective Dismissal, and Win at the CCMA: An Easy Step-by-Step Guide, as well as a book on practical absenteeism strategies Reduce Absenteeism.

Jan Kemp Nel Attorney

Jan is a passionate and energetic new generation Attorney. He is also a labour law specialist, and an Admitted Attorney of the High Court of South Africa. He holds an LL.M degree. Having spent the last few years gaining invaluable experience in areas such as litigation, commercial transactions, labour relations, and sports law.


Registration Fees (excl. VAT)

Workshop Fee:  R2 500.00

Minimum of 5 people per course and maximum of 25 people • Registration fee excludes VAT.



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