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TOP TIP TUESDAY: CAN A SEXUAL ASSAULT IN THE WORKPLACE AND INJURIES SUSTAINED DURING PROTEST ACTION BE AN “OCCUPATIONAL INJURY”?

TOP TIP TUESDAY: CAN A SEXUAL ASSAULT IN THE WORKPLACE AND INJURIES SUSTAINED DURING PROTEST ACTION BE AN “OCCUPATIONAL INJURY”?

by Warren Beech | Nov 4, 2025 | Employment, Health and Safety, Mining, News

In last week’s Top Tip Tuesday we addressed the importance of the exercise of the “stop work authority” on health and safety grounds to prevent workplace injuries and fatal accidents. We discussed the judgment handed down in the matter of National Union of...
TOP TIP TUESDAY: A LEGITIMATE EXERCISE OF EMPLOYEE RIGHTS ON HEALTH AND SAFETY GROUNDS OR ABUSE?

TOP TIP TUESDAY: A LEGITIMATE EXERCISE OF EMPLOYEE RIGHTS ON HEALTH AND SAFETY GROUNDS OR ABUSE?

by Warren Beech | Oct 28, 2025 | Uncategorized

The right to refuse to carry out dangerous work or comply with unsafe instructions on health and safety grounds, commonly refer to as the “stop work authority”, is a right which is embedded in Section 23 of the Mine Health and Safety Act, No. 29 of 1996 (MHSA), and...
DISMISSALS FOR FAILURES TO ADHERE TO SAFETY REQUIREMENTS IN THE WORKPLACE AT MINES – THE LABOUR COURT REAFFIRMS MINE HEALTH AND SAFETY OBLIGATIONS

DISMISSALS FOR FAILURES TO ADHERE TO SAFETY REQUIREMENTS IN THE WORKPLACE AT MINES – THE LABOUR COURT REAFFIRMS MINE HEALTH AND SAFETY OBLIGATIONS

by Warren Beech | Sep 4, 2025 | Employment, Health and Safety, Mining

“Safety of employees at the workplace is paramount, it cannot be compromised. An employer cannot be expected to wait until an employee has maimed or lost his or her life before taking decisive action against an employee who has exposed fellow employees to danger....
THE “DUTY OF CARE” AND CONSEQUENCES OF NON-COMPLIANCE

THE “DUTY OF CARE” AND CONSEQUENCES OF NON-COMPLIANCE

by Warren Beech | Jul 31, 2025 | Environmental, News

  On 14 July 2025 the High Court of South Africa, Gauteng Division, Pretoria handed down judgment under case number 9952/2019 in the matter between Petrus Johannes Barnard & Others v The Minister of Environmental Affairs and Others (Barnard Judgment). Barnard...
TOP TIP TUESDAY – DOES CONTRAVENTION OF A ZERO TOLERANCE ALCOHOL AND SUBSTANCE POLICY IN THE WORKPLACE ALWAYS JUSTIFY DISMISSAL?

TOP TIP TUESDAY – DOES CONTRAVENTION OF A ZERO TOLERANCE ALCOHOL AND SUBSTANCE POLICY IN THE WORKPLACE ALWAYS JUSTIFY DISMISSAL?

by Warren Beech | Jul 22, 2025 | Employment, Health and Safety, Mining

Employers, particularly in high-risk industries such as manufacturing and mining, implement stringent policies and procedures in support of the onerous health and responsibilities placed on employers under the occupational health and safety laws (the Occupational...
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  • TOP TIP TUESDAY: CAN A SEXUAL ASSAULT IN THE WORKPLACE AND INJURIES SUSTAINED DURING PROTEST ACTION BE AN “OCCUPATIONAL INJURY”?
  • TOP TIP TUESDAY: A LEGITIMATE EXERCISE OF EMPLOYEE RIGHTS ON HEALTH AND SAFETY GROUNDS OR ABUSE?
  • COMBATING ILLEGAL MINING IN SOUTH AFRICA: CAN MINING COMPANIES CO-EXIST WITH ARITSANAL AND SMALL-SCALE MINERS?

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