Case Studies
Wilbrink and Associates offer you many case studies and information on different subjects. Click on the link to access specific information or scroll through the page.
By-Laws
Chemical Risk
E.I.A.
Employee Duties
Employer Duties
Health and Safety
Mediation and Arbitration
Medical Surveillance
Records
Work Environment
Workplace Hazards
Mediation and Arbitration case studies and information
DISMISSAL: OPERATIONAL RETRENCHMENT
In the previous Newsletters we spoke about the dismissal on grounds of the employee’s conduct and dismissal due to incapacity. Today I want to look...
Dismissal: Incapacity
In the previous Newsletter we spoke about the dismissal on grounds of the employee’s conduct. Today I want to look at the dismissal of an employee...
DISCIPLINARY ACTION
One often hears people say, “it does not help to take disciplinary action against staff who do not conform to the Company rules as they will go to...
Mediate: The Right Way
A lady from a countryside village felt that she was the subject of medical negligence. She approached a lawyer in the “big city”. Some six month...
General Newsletter
Wilbrink and Associates was founded in 1990 and registered as a Closed Corporation in 1993. The Company has been working in the industrial /...
Life During / After Covid-19
The COVID-19 lockdown has brought many new challenges to all businesses across the world, whether small or large. One of them is that many staff...
Amendment Rule 41A
With the publication of the long-awaited Rule 41A by the Rules Board of the Court of Law a new era in handling disputes has drawn upon us. As of the...
Changes in Work Relations
During the early 1900, people were treated as if they were robots. The motto of dispute resolution was “You ain’t got a problem except for the one I...
Constructive Dismissal
Constructive dismissal is probably one of the most misunderstood concepts in South African Labour Law. On the one hand the employee may see any...
SOCIAL MEDIA – ITS DANGERS
During the past couple of months, we have seen an increase in disciplinary action taken against employees due to the “incorrect” use of social...
Our Field Of Expertise
Mediation / arbitration is such a vast field, that any good mediator / arbitrator must specialize in a field. Wilbrink & Associates have, due to...
Why Fight? Mediate Instead
Headings like “Church and residents clash”, or “Community fighting environmental company” makes you think: is fighting the real solution? Both sides...
Disciplinary Procedure: A Prerequisite
Every company should have a well documented disciplinary procedure in order to discipline any employee should the need arise. While acting as...
STANDARD CLAUSES
After my previous News Letter (Alternate Dispute Resolution) I received a number of calls requesting sample clauses to be added to their documents....
ALTERNATIVE DISPUTE RESOLUTION – CRITICAL
Prof. Mervyn King, the well known advocate, judge, chairman of listed companies as well as a CEO of a listed company once said ”In order for...
Indemnity
Due to my interest in and knowledge of animals and dogs in particular, I was asked by an attorney to arbitrate over a dispute between a dog owner...
Wage Negotiations: A different approach
We were requested to assist a company with its wage negotiations. The Company had a very difficult and unpleasant wage negotiation the previous...
MEDIATION vs. LITIGATION
Wilbrink & Associates were recently involved in two very similar cases. Both involved the termination of a lease agreement. In the first case...
INTERNAL DISPUTES
Internal disputes within a company can lead to considerable loss of productive time and if not handled correctly it can destroy the good working...
Disciplinary Hearing: Contravention of the OH&S Act
Disciplinary Hearing: Contravention of the OH&S Act We were requested to chair a disciplinary inquiry regarding an employee who consistently...
Disciplinary Hearing: Absence Or Fraud?
Towards the end of 2015 an administrative staff member of a small company submitted a request for leave from 23rd December and returning on Monday...
Disciplinary Hearing: Theft Of Consumable Products
During the latter part of 2015, we chaired various disciplinary hearings on behalf of our clients. All were successful, (no comeback). I would like...
Some Comments From Our Courts
After my previous letter sent to you, some people were under the impression that an Arbitrator or Mediator would replace the Company’s Attorney....
To Mediate Or Not: The Court’s View
In recent years the Justice Department has changed the emphasis from Litigation in Civil Cases to that of Alternative Dispute Resolution (ADR)...
Mediation: The Right Chemistry
During the latter part of 2015 we were requested to act as mediator between two companies (Company A being an International Trading Company) and...
Disciplinary Hearing Theft
During the latter part of 2015, we chaired various disciplinary hearings on behalf of our clients. All were successful, (no comeback). I would like...
Bylaws case studies and information
SCHEDULE TRADE / SCHEDULED ACTIVITIES PERMIT
We have received the following e-mail from the eThekwini Municipality’s Health and Environmental Department (shortened): Subject: APPLICATION FOR...
Legal Compliance – Fire or Explosion
Legal Compliance – Fire or Explosion You have probably heard of the recent surge in factories burning down this year. Frans Wilbrink, our managing...
Ethekwini Municipality’s Scheduled Trades and Occupations By-Laws
Ethekwini Municipality’s Scheduled Trades and Occupations By-LawsAre you a business owner, operating within Durban’s Ethekwini Municipality?Does...
Chemical risk case studies and information
Zinc Ash Safety Data Sheet
An example of a Material Safety Data Sheet
Air Monitoring
In terms of the Regulations for Hazardous Chemical Substances of the Occupational Health and Safety Act, Regulation no. 6 (1), “Where the inhalation...
Hazardous Chemical Risk Assessment
In terms of Regulation no. 5 of the Hazardous Chemicals Regulations of the OH&S Act, an assessment must be made on all hazardous chemicals used...
E.I.A. case studies and information
Environmental Impact Assessment 3
The National Environmental Management Act (Act 107 of 1998) Listing Notice 1: List of Activities and Competent Authorities (Phew! That’s a...
Environmental Impact Assessment 2
The backbone to the EIA In our last talk you were introduced to some Environmental Impact Assessment (EIA) lingo. Let’s throw a few phrases at you...
Environmental Impact Assessment (EIA)
FAQ’s The National Environmental Management Act (NEMA) (Act 107 of 1998) Environmental Impact Assessment (EIA) Regulations provides a list of...
Employee duties case studies and information
Dismissal: Incapacity
In the previous Newsletter we spoke about the dismissal on grounds of the employee’s conduct. Today I want to look at the dismissal of an employee...
DISCIPLINARY ACTION
One often hears people say, “it does not help to take disciplinary action against staff who do not conform to the Company rules as they will go to...
General Duties Of Employees At Work
In terms of Schedule 14 of the Occupational Health and Safety Act, every employee has certain duties to his employer and the work environment. Every...
Employer duties case studies and information
Dismissal: Incapacity
In the previous Newsletter we spoke about the dismissal on grounds of the employee’s conduct. Today I want to look at the dismissal of an employee...
DISCIPLINARY ACTION
One often hears people say, “it does not help to take disciplinary action against staff who do not conform to the Company rules as they will go to...
Disciplinary Procedure: A Prerequisite
Every company should have a well documented disciplinary procedure in order to discipline any employee should the need arise. While acting as...
STANDARD CLAUSES
After my previous News Letter (Alternate Dispute Resolution) I received a number of calls requesting sample clauses to be added to their documents....
ALTERNATIVE DISPUTE RESOLUTION – CRITICAL
Prof. Mervyn King, the well known advocate, judge, chairman of listed companies as well as a CEO of a listed company once said ”In order for...
Disciplinary Hearing: Contravention of the OH&S Act
Disciplinary Hearing: Contravention of the OH&S Act We were requested to chair a disciplinary inquiry regarding an employee who consistently...
Chief Executive Officer
Every chief executive officer shall as far as is reasonably practicable ensure that the duties of his employer as contemplated in the Act, are...
Personal Protective Equipment
In terms of the Occupational Health and Safety Act (Act 85/93) all hazards must be engineered out and only if the hazard(s) cannot be engineered out...
Introduction To Safety
Safety is on every production/ operation person’s mind. The level of commitment does vary from person to person and from organization to...
General Risk Assessment
In terms of the General Safety Regulations of the Occupational Health and Safety Act, regulation no. 2(1), “every employer (Manager) shall conduct...
Safety Resolution For The New Year
During my audits of various companies I have come across two major concerns that I would like to discuss when we are starting a new year: 1. I came...
General Administrative Duties Of Employer
In terms of various Regulations of the Occupational Health and Safety Act, every employer must keep records regarding matters concerning his / her...
Listed Work
16. GENERAL DUTIES OF EMPLOYERS REGARDING LISTED WORK In terms of Schedule 12 of the Occupational Health and Safety Act, every employer whose...
Duties Of Manufacturer
GENERAL DUTIES OF MANUFACTURER & OTHERS REGARDING ARTICLES AND SUBSTANCES FOR USE AT WORK In terms of Schedule 10 of the Occupational Health and...
General Duties Of Employers
The first section states “every employer shall provide and maintain a working environment that is safe and without risk to the health of his...
Health and Safety case studies and information
Disciplinary Hearing: Contravention of the OH&S Act
Disciplinary Hearing: Contravention of the OH&S Act We were requested to chair a disciplinary inquiry regarding an employee who consistently...
Legal Compliance – Fire or Explosion
Legal Compliance – Fire or Explosion You have probably heard of the recent surge in factories burning down this year. Frans Wilbrink, our managing...
ASBESTOS IN THE WORKPLACE
Asbestos is a very disabling fibre when inhaled. Modern factories have very little or no asbestos, while older factories may have it in the form of...
Functions Of Health & Safety Representatives
The duties of Health and Safety Representatives are very often misdirected. The limited duties are summarised as follows: a. Review the...
Zinc Ash Safety Data Sheet
An example of a Material Safety Data Sheet
Personal Protective Equipment
In terms of the Occupational Health and Safety Act (Act 85/93) all hazards must be engineered out and only if the hazard(s) cannot be engineered out...
Introduction To Safety
Safety is on every production/ operation person’s mind. The level of commitment does vary from person to person and from organization to...
General Risk Assessment
In terms of the General Safety Regulations of the Occupational Health and Safety Act, regulation no. 2(1), “every employer (Manager) shall conduct...
Assessing & Managing Risks In Hazardous Areas
Health And Safety Committee
Every employer who has two or more safety representatives must have a safety committee. Each safety representative should be a member of the...
Safety Resolution For The New Year
During my audits of various companies I have come across two major concerns that I would like to discuss when we are starting a new year: 1. I came...
General Duties Of Employees At Work
In terms of Schedule 14 of the Occupational Health and Safety Act, every employee has certain duties to his employer and the work environment. Every...
Listed Work
16. GENERAL DUTIES OF EMPLOYERS REGARDING LISTED WORK In terms of Schedule 12 of the Occupational Health and Safety Act, every employer whose...
Registers
In terms of various Regulations of the Occupational Health and Safety Act, registers have to be kept and completed on a regular basis. The frequency...
Accident Investigation
In terms of Section 24 of the Occupational Heath and Safety Act, the employer shall report to the Provincial Director of Labour any accident where a...
Noise In The Workplace
In terms of Reg. 2 of the Noise Induces Hearing Loss Regulations of the Occupational Health and Safety Act no employer may allow a person to enter...
Health And Safety Representatives
20. HEALTH AND SAFETY REPRESENTATIVES Every employer who has more than 20 employees in his employment at any workplace must appoint in writing for a...
Medical Surveillance case studies and information
ASBESTOS IN THE WORKPLACE
Asbestos is a very disabling fibre when inhaled. Modern factories have very little or no asbestos, while older factories may have it in the form of...
Medical Surveillance
In terms of various Regulations of the Occupational Health and Safety Act, i.e. Hazardous Chemical Substances Regulations (Reg. 7 (1)) Lead...
Records case studies and information
Disciplinary Procedure: A Prerequisite
Every company should have a well documented disciplinary procedure in order to discipline any employee should the need arise. While acting as...
Zinc Ash Safety Data Sheet
An example of a Material Safety Data Sheet
Registers Required
Some of the Registers that companies should have completed on their site (provided they make use of the equipment) are: General Administrative Reg 8...
General Administrative Duties Of Employer
In terms of various Regulations of the Occupational Health and Safety Act, every employer must keep records regarding matters concerning his / her...
Registers
In terms of various Regulations of the Occupational Health and Safety Act, registers have to be kept and completed on a regular basis. The frequency...
Material Safety Data Sheets
In terms of Regulation 9A (1) of the Hazardous Chemical Substances Regulations every manufacturer, importer or trader of any chemical substance for...
Work environment case studies and information
ASBESTOS IN THE WORKPLACE
Asbestos is a very disabling fibre when inhaled. Modern factories have very little or no asbestos, while older factories may have it in the form of...
Environmental Monitoring
In terms of Reg. 2, 3 and 5 of the Environmental Regulations for Workplaces of the Occupational Health and Safety Act an employer is obliged to...
Workplace hazzards case studies and information
Disciplinary Hearing: Contravention of the OH&S Act
Disciplinary Hearing: Contravention of the OH&S Act We were requested to chair a disciplinary inquiry regarding an employee who consistently...
Legal Compliance – Fire or Explosion
Legal Compliance – Fire or Explosion You have probably heard of the recent surge in factories burning down this year. Frans Wilbrink, our managing...
ASBESTOS IN THE WORKPLACE
Asbestos is a very disabling fibre when inhaled. Modern factories have very little or no asbestos, while older factories may have it in the form of...
Safety Resolution For The New Year
During my audits of various companies I have come across two major concerns that I would like to discuss when we are starting a new year: 1. I came...
Machinery In Hazardous Locations
Many factories work with ‘hazardous’ substances. I have used the word factory rather than chemical factory as this applies equally to bakeries,...