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Tracy van der Colff

Tracy van der Colff is a director designate in Baker McKenzie’s Employment & Compensation Practice Group in Johannesburg. Tracy has spent time in Baker McKenzie's Frankfurt, Amsterdam and London offices working on high value cross-border transactions.

The Constitutional Court in South Africa recently clarified the application of the doctrine of common purpose in the employment law context. The Constitutional Court answered the question as to whether an employer may apply the doctrine of common purpose to dismiss employees for misconduct where the employees were spectators to a violent assault during an unprotected strike. This decision has implications for employers who intend to dismiss employees for these reasons.

The Minister of Employment and Labour in South Africa has recently published three important legal developments affecting South African employers and employees – the Draft National Labour Migration Policy and Employment Services Amendment Bill, the Code of Practice for Managing Exposure to Sars-CoV-2 in the Workplace 2022, and the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.

In brief Employers in South Africa resuming business operations under Level four of the government mandated lock-down should take heed of the Department of Health Guidelines for symptom monitoring and management of essential workers for COVID-19 related infections. These Guidelines are echoed in the COVID-19 Occupational Health and Safety Measures in…