HYBRID CONFERENCE 4th AFRICAN LABOUR LAW SOCIETY - SPEAKERS PRÉCIS AND BIOGRAPHIES
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4th AFRICAN LABOUR LAW SOCIETY
HYBRID CONFERENCE
3rdAFRICAN REGIONAL CONGRESS OF THE ISLSSL
VILLA ROSA KEMPINSKI CONFERENCE CENTRE, NAIROBI, KENYA
21-22 OCTOBER 2021
SPEAKERS PRÉCIS
AND BIOGRAPHIES
THURSDAY, 21st OCTOBER 2021
08h30
08h35
WELCOME
DOCTOR BIO
PAMHIDZAI BAMU
Pamhidzai was born and raised in Harare, Zimbabwe. She holds an LLB,
President of the ALLS LLM (Labour Law) and a PhD (Labour Law) from the University of Cape
Town. She completed a post-doctoral fellowship at Stellenbosch University
in 2013.
She has worked as a researcher in the Institute of Development and
Labour Law at the University of Cape Town, and the Social Law Project at
the University of the Western Cape, and has undertaken and published
research on various labour issues in South Africa and Southern Africa.
She has worked on several consultancies for the ILO and Southern African
Development Community (Secretariat) on various issues, including labour
migration, domestic work, non-standard employment and the employment
contract. She is currently the Law Programme Coordinator for Africa at
Women in Informal Employment Globalizing and Organizing (WIEGO)
During her time at WIEGO, she has worked with the International Domestic
Workers’ Federation (IDWF) to develop the Toolkit on Domestic Workers
and C189, which aims to promote the realization of C189 on the ground.
Pamhi is also a project to analyse the COVID-19 laws and their impacts
on informal workers in Africa, Asia and Latin America. She has a strong
interest in worker education to strengthen workers’ capacity to know and
use the law and to demand their legal recognition and protection as
workers.
She currently lives in Washington, D.C.
08h35
09h15
OFFICIAL OPENING
CABINET SECRETARY BIO
SECRETARY
TBC
Ministry of Labour and Social
Protection (TBC)
BIO
JUDGE TBC
TBC
Employment and Labour Relations
Court (TBC)
08h35
09h15
KEYNOTE ADDRESS
WELLINGTON BIO
CHIBEBE
TBC
Director
ILO Kenya
10h00
10h30
TEA
PLENARY 1
10h30
11h15
TOPIC
The protocol on free movement of labour under the Africa Free
Continental Trade Agreement
NJERI Trading within the African Continental Free Trade Area (AfCFTA) began on
WAGACHA 1 January 2020, marking a significant milestone for intra-African trade. The
AFCFTA seeks to enhance free movement of capital and labour so as to
Partner break the barriers of trade in goods and services. What opportunities and
Cliffe Dekker Hofmeyr challenges does this present for labour in the African continent. What role
Kenya do employers and labour law practitioners have to position the continent
for this next phase of growth.
My presentation shall stimulate discussion on these pertinent questions.
BIO
Njeri Wagacha is a Partner in our Corporate & Commercial practice
and specialises in Mergers Acquisitions, Private Equity, Competition Law,
Employment Law, Technology, Media & Telecommunications. Njeri runs the
podcast NjeriTalks Law.
PLENARY 2
11h15
12h00
TOPIC
Agile working and the challenges it presents for foreign employers
whose employees choose to work remotely from Kenya
TERRY The steadfast adoption of agile working globally cannot be ignored. In
MWANGO Kenya, this was accelerated by the outbreak of the COVID-19 pandemic as
many organisations sort various ways to help curb the spread of the virus.
Partner While the country remains positive of a ‘post-covid’ near future, some of
Head of Litigation the ‘new norm’ adjustments such as agile working are expected to remain.
and Dispute Resolution For foreign employers, having a team working from Kenya raises come
Bowmans complexities such as; setting up subsidiaries, seeking work permits from
Kenya the immigration department (a tedious process involving filling out various
forms, submission to immigration, registering as an Alien). In addition,
there is also the tax obligation that the employers would have to bare.
BIO
Terry Mwango is a Partner, Head of Litigation and Dispute Resolution at
Bowman’s Kenya. She specialises in commercial litigation and alternative
dispute resolution and represents a diverse portfolio of local and
international corporate clients. She has tremendous experience advising
and acting for corporate clients in commercial disputes involving a range
of specialist practice areas. Her areas of experience are employment, (she
has acted for and facilitated out of court settlements in labour disputes and
employee claims) tax, banking and finance (insolvency and receivership),
intellectual property, judicial review, administrative and constitutional law,
media and competition, building and construction.
Other than the practice of law, Terry is passionate about facilitating the
empowerment and representation of vulnerable persons. In this regard, she
is the Chair of the Kenyan Board of Justice Defenders and a member of the
Africa Sub-Committee of the Equal Representation in Arbitration.
Terry has an LLB and BA (Psych.) from the University of Notre Dame;
a Graduate Diploma in Law from the College of Law, Sydney; and a
Postgraduate Diploma from the Kenya School of Law. She is qualified to
practice as a Solicitor in Australia (NSW) and an Advocate in Kenya.
PLENARY 3
12h00
12h45
TOPIC
Reflections on South African Case Law Pertaining to Covid-19
DR WILLIAM The emergence of the COVID-19 pandemic and the subsequent disaster
MOKOFE management measures to contain it were sudden and had a significant
impact on public and private life. The repercussions of the lock-down
Senior Lecturer of Law are visible in amongst others an economic downturn, social challenges,
Pearson Institute of Higher Education changed working routines, reduced transport, health, employment
South Africa legislation and the administering of vaccines.
This has resulted in a number of court decisions and arbitration awards in
South Africa. The promulgation of the South African Disaster Management
Act No. 57 of 2002 and the National Disaster Management Policy
Framework of 2005 placed South Africa at the global vanguard by
integrating disaster risk reduction into all spheres of government through
a decentralised approach. This contribution traverses these decisions
and identifies principles that may also be applicable to other African
jurisdictions.
BIO
Dr William Manga Mokofe (LL B (Fort Hare), LL M (South Africa), LL D
(South Africa)) is a Senior Lecturer of Law at the Pearson Institute of Higher
Education, South Africa. He is an advocate of the High Court of South
Africa.
PLENARY 3 - continued
12h00
12h45
TOPIC
Reflections on South African Case Law Pertaining to Covid-19
PROFESSOR BIO
STEFAN VAN ECK
Professor Stefan van Eck holds the degrees BLC, LLB and LLD (Pret). The
University of Pretoria title of his LLD thesis is “Evaluering van die Nywerheidshofstelsel in die Suid-
South Africa Afrikaanse Arbeidsreg” (Evaluation of the Industrial Court System in the
South African Labour Law). He was Head: Department of Mercantile Law
between 1 October 2007 and 31 December 2016. He was admitted as
an attorney of the High Court (Transvaal Provincial Division) in 1997 and
holds a C1 ranking from the National Research Foundation. He is Deputy
President of the International Society of Labour and Social Security Law
(ISLSSL Africa region) and serves on the Management Committee of the
African Labour Law Society (ALLS).
12h45
13h15
AGM
13h15
14h00
LUNCH
BREAKAWAY WORKSHOPS
PARALLEL SESSION 1
14h00
14h45
TOPIC
Square Solutions to Circle Problems
CINDY Burnout, non-adherence and absenteeism are just a few of the symptoms
SQUAIR of the continuous uncertainty COVID-19 has caused. Although there
are many “SQUARE” measures (laws and processes) to manage these
Director symptoms, we need to pause and reflect on the fact that we are dealing
Circle & Square with a “CIRCLE” crisis.
South Africa
Employees’ are facing a mental pandemic, due to the uncertainty and lack
of control. The constant heightened emotion could contribute to sub-
standard performance. Although Schedule 8 of the LRA provides guidelines
in terms of managing incapacity and poor performance, as leaders we
need to consider supporting employees using circle “CIRCLE” solutions to
manage their heightened emotion in order to regain their normality and
optimal performance.
BIO
With her honours in Industrial Psychology, Brain-based coaching
certification and a wealth of experience in various fields she has applied
her trade in, including HR, the finance industry and teaching, Cindy brings
profound psychological insights to the room.
With her fun, energetic and caring manner Cindy thrives on building
meaningful relationships with all those that she engages with and has wide
experience facilitating teams across levels in organisations working as a
one to one performance coach and facilitator of small groups to webinars
with hundreds of delegates, bringing personal connect and engagement in
all forums.
PARALLEL SESSION 1
14h00
14h45
TOPIC
App-bans over labour concerns - the perilous relationship
between labour law and international investment law
LOUIS International investment law has been facing a growing legitimacy crisis
KOEN over its perceived ability to result in a regulatory chill. The relation between
investment law and platforms such as Uber was also starkly demonstrated
University of Johannesburg when Uber sent Colombia a notice of its intention to submit a dispute to
South Africa investment arbitration over a ban on Uber in that country.
There has been a growing number of countries seeking to ban Uber and
other platforms over labour concerns. This contribution will explore the
interactions between labour and investment law and the legality of banning
Apps under international investment law. It will also explore the potential
invocation of pervasive labour law breaches as a jurisdictional bar, on the
basis of illegality, in investment arbitration.
BIO
Louis Koen is an Assistant Lecturer and doctoral candidate in the Faculty
of Law at the University of Johannesburg (UJ). His research is primarily
focused on the interaction between sustainable development - including the
attainment of decent work- and international economic law.
He researches how the branches of international economic law can
contribute to or undermine the achievement of sustainable development
with a special focus on vulnerable groups such as informal economy
workers. He has presented at various international and local conferences
on labour law and international economic law and publishes on these
topics.
He also coaches students for the different moot courts that the Faculty of
Law participates in and frequently acts as a judge in international moot
court competitions.PARALLEL SESSION 2
14h45
15h30
TOPIC
To what extent are employers obliged to provide safe working
conditions to employees during a pandemic: The case of Covid-19.
MLUNGISI The occupational health and safety laws in South Africa, and in many
TENZA parts of the world, burden employers with the responsibility of ensuring
the provision of a healthy and safe working environment to employees.
School of Law Complying with this duty during a pandemic such as Covid-19 appears to
University of KwaZulu-Natal be a difficult task for employers. The prevalence of the pandemic does not
South Africa relieve the employer of their duty to provide a safe and healthy working
environment.
During the Covid-19 pandemic, employers are expected to be extra
cautious to avoid cross infections among employees and other people in
the workplace. The question that arises is whether the employer can be
held liable if an employee contracts the coronavirus in the workplace? This
paper argues that despite the provision of section 35 of the COIDA which
exempts employers from an occupational liability, the employer should be
held liable under these circumstances or conditions.
The paper argues that a stricter interpretation of section 35 may bring
about absurd results and leave employees with less or no remedy against
the employer’s failure to discharge their obligations in terms of the law. If
an employee gets infected in the workplace due to the employer’s failure
to exercise reasonable care, the paper argues that the employer should be
held liable over and above the exemption of liability in terms of section 35
of the COIDA.
The basis for holding the employer liable could be the common law
doctrine of vicarious liability due to the possibility that workers may infect
each other in the workplace or while performing their duties. The paper
argues that the common law doctrine of vicarious liability should be
developed to cater to these circumstances that were not anticipated when
it was formulated. Since the existence of the common law is acknowledged
in various sections of the Constitution, it would not be unconstitutional to
apply it to protect the rights of employees and their interests.PARALLEL SESSION 2
15h30
16h00
TOPIC
Employees as stakeholders (Navigating leave, salary reductions,
dismissal and retrenchment for COVID-19 related reasons)
CATHERINE BIO - Catherine Nderu
NDERU
Catherine Nderu is a Human Resources Management Practitioner with 10
Knightwise Human Capital years’ experience in Human Capital Management. She has great expertise
Kenya in Human resources policies review and development in compliance with
labour laws and best practices, organisational design & optimal staffing,
change management, rewards & benefits, and learning & Development.
She holds a Bachelors Degree in International Business with a Minor in
Industrial and Organizational Psychology from United States International
University - Africa. She also holds a diploma and a higher diploma in
Human Resources Management and a diploma in Personnel Management
and is licensed to Practice by the Institute of Human Resources
Management in Kenya.
BIO - Stephanie Wambui
STEPHANIE Stephanie Wambui is an Industrial & Organizational Psychologist with over
WAMBUI 7 years’ experience leading diverse teams in the Human Capital Industry.
She holds a Bachelors Degree in Psychology with a specialisation in
Knightwise Human Capital Industrial & Organizational Psychology from the United States International
Kenya University - Africa. She is an expert in the areas of Project Management,
Strategic Planning & Policy Development, People, Culture & Change,
Employee Assistance Programmes and Human Resources.
Stephanie is particularly passionate about applying psychological principles
to resolve challenges in the corporate world. In her free time, she is a
career coach and has walked with tens of individuals throughout their
career journeys. She has experience organizing corporate events and has
facilitated numerous trainings across diverse industriesPARALLEL SESSION 3
15h30
16h00
TOPIC
A Step Back for Unfair Discrimination Law in South Africa
KAMALESH South Africa provides substantial protection against the unfair
NEWAJ discrimination of employees by virtue of its Employment Equity Act (EEA).
However, recent decisions emanating from the Labour Appeal Court,
University of Pretoria notably Minister of Justice and Correctional Services v Ramaila and Naidoo
South Africa & others v Parliament of the Republic of SA, appear to be regressive in
nature.
The court has opted to narrowly interpret amendments that were effected
to section 6(1) of the EEA and in so doing has denied protection to
employees. This is despite acknowledging that the actions of the employer
were or may have been unfair. It is argued that such a narrow interpretation
is misplaced. The court has failed to holistically consider the objectives
of the EEA, to effectively reflect on the constitutional rights promoted by
the EEA, and to circumspectly evaluate international law. Therefore, this
presentation seeks to discuss the shortcomings in the application of South
Africa’s unfair discrimination law.
BIO
Dr Kamalesh Newaj is a senior lecturer at the University of Pretoria.
She specialises in labour and social security law and teaches at both
undergraduate and post graduate level. She has published articles in
national academic law journals and presented at national conferences.
She is an advocate of the High Court and an associate member of the
Pretoria Society of Advocates. Prior to joining the University, she worked
in the field of labour relations at various Public Service Departments. Her
last position was Director of Labour Relations at the Department of Rural
Development and Land Reform.PARALLEL SESSION 3
15h30
16h00
TOPIC
Emerging Jurisprudence, Trends and Developments in Kenya on
COVID 19 and the employment relationship with specific focus
on redundancy and termination of employment.
IRENE BIO
KASHINDI
Irene is an Advocate of the High Court of Kenya with over 12 years post-
Partner, qualification experience. She is a partner at Munyao, Muthama and
Munyao Muthama & Kashindi Kashindi Advocates. She was previously a partner in Hamilton Harrison
Advocates & Mathews. Irene specializes in Commercial and Civil litigation and has
Kenya an extensive sub-specialisation in Employment and Labour Relations.
She is a co-author together with George Kashindi, of the Kashindis’
Employment Case Digest (August 2020). She is the LSK representative in
the Employment and Labour Relations Court Rules Committee. She is an
active member of the Nairobi Branch ELRC Bar-Bench Committee. She has
been top-ranked in Band 1 by the prestigious legal director Chambers and
Partners since 2017 to date (2021) in the employment category.
She has also been ranked as a “Recommended Lawyer” in employment
by Legal 500 from 2018 to date (2021). She has been quoted by clients
acclaiming her as “thorough and very professional” “ goes above and
beyond what is required.” And that “She also has in-depth hands-on
experience dealing with emerging issues and this makes her stand tall.”
She has been a resource person and speaker at Law Society of Kenya CPDs
programmes, as well as other seminars and conferences. She was the
winner of the Client Choice Awards (litigation) in Kenya in 2018; Irene’s
other practice areas are tax and public.
16h00
16h30
TEAPANEL DISCUSSION
16h30
17h45
TOPIC
Discussion under Mauritian law – “Should access to workplace be
restricted solely to employees who have been vaccinated against
Covid-19?”
KHEMILA Should access to workplace be restricted solely to employees who have
NARRAIDOO have been vaccinated against Covid- 19?” Outline: I propose to speak
about whether employers can prevent employees from attending their
Senior Associate-Barrister workplace based on the fact that they have not yet been vaccinated. Can
Juristconsult Chambers this be a subject of discrimination or even going against the consitutional
Mauritius rights of an employee. When an employer prevents an employee from
accessing his or her workplace, should the employer continue to pay
the employee or would the employee be placed on unpaid leave. I also
propose to tackle the areas where such restriction is currently being allowed
under certain regulations issued under Mauritian law. I would further
like to discuss about the factors which an employer needs to take into
consideration before such a policy can be applied.
BIO
Khemila Narraidoo was called to the Bar of England and Wales in 2010
at the Honourable Society of the Middle Temple and was, thereafter, called
to the Bar of Mauritius in January 2012, after having done her pupillage in
high-calibre chambers in Mauritius. Khemila holds an LLB Hons in English
and French law having graduated from the Sheffield Hallam University,
United Kingdom. She also holds a “Maitrise en Droit International des
Affaires” from the University of Paris XII, France. She did her Bar Vocational
Course at the Inns of Court School of Law in London. Prior to joining
Juristconsult Chambers, Khemila has worked in several law firms in
England.
She has acquired extensive expertise in the drafting and vetting of legal
documents, especially in the employment area and is well experienced
in employment litigation cases. She is well versed in employment law,
regularly advises both national conglomerates and international companies
in this area and has chaired and prosecuted in several disciplinary
committees. She regularly appears before various court levels in Mauritius.
Her areas of expertise also include corporate, commercial, insolvency,
private wealth and arbitration.PANEL DISCUSSION
16h30
17h45
TOPIC
Health and Safety in the workplace in the “New normal”
DESMOND BIO
ODHIAMBO
Desmond Odhiambo is a Partner in our Dispute Resolution, Employment
Partner Law, Trusts & Estates practice areas, as well as in our Business Rescue,
Cliffe Dekker Hofmeyr Restructuring & Insolvency sector.
Kenya
He has extensive litigation experience as lead counsel in all the higher
Kenyan courts as well as quasi judicial bodies such as the Public
Procurement Administrative Review Board and the Kenya Industrial Property
Institute. He is a qualified mediator and a member of the Chartered
Institute of Arbitrators(MCIArb).PANEL DISCUSSION
16h30
17h45
TOPIC
A case study of Lesotho’s tourism and hospitality industry and its
adjustment to COVID-19 in the context of labour law.
MOTHEPA According to the World Bank, Lesotho received 1 142 000 tourists in 2019.
NDUMO Since 2014, the number of tourists has been on an upward trajectory due
to domestic efforts to expand and develop Lesotho’s tourism and hospitality
National University of Lesotho industry. As a result, the number of hotels, guesthouses and related
Lesotho hospitality facilities increased exponentially. However, due to COVID-19
and the aftermath of lockdowns and resultant travel restrictions (border
closures, suspension of international flights, etc.)
Lesotho’s tourism and hospitality industry has been decimated to say the
least. According to local newspaper reports, some hotels have permanently
closed while others have retrenched workers. For those who have escaped
the net of retrenchment, contracts of employment and working conditions
have been varied in order to avoid closures or to comply with regulations
governing the national response to COVID-19. The presentation will focus
on the extent to which workers have navigated leave, salary reductions,
dismissal and retrenchments in Lesotho’s tourism and hospitality industry as
a result of COVID-19.
BIO
Mothepa Ndumo is an academic in the Faculty of Law at the National
University of Lesotho. Mothepa is the holder of two master’s degrees from
the University of Cape Town, one in Labour Law and the other degree in
Industrial Sociology. Mothepa specializes in Labour Law and Pension Law
and is the recently appointed Metropolitan Research Fellow in Pension
Law Studies. Mothepa teaches Labour Law at the undergraduate level to
completing LLB students and Collective Labour Law to LLM students.
Part of her duties also involve the supervision of undergraduate and
postgraduate thesis on Labour Law topics. Mothepa’s recent publications
include a chapter in the ILO Centenary Southern African book and her
chapter focuses on collective bargaining developments in Lesotho’s labour
market. Mothepa is a certifiePANEL DISCUSSION
16h30
17h45
CHAIRPERSON
GEORGINA BIO
OGALO-OMONDI
TBC
Advocate
Kenya
18h00
EVENING COCKTAILFRIDAY, 22nd OCTOBER 2021
PLENARY 4
08h15
09h00
TOPIC
Workers organizations at the center of a just, equitable and inclusive
future.
JACQULINE This presentation will analyze the important role that workers organizations
WAMAI have played and continue to play in developing strategies and policies in
not only avoiding the negative impact of the pandemic but also in building
Regional Coordinator a better, just and inclusive future. It will look at how social dialogue has
Sub-Saharan Africa been used not only to protect workers but also enterprises. It will analyze
International Lawyers the most discussed policy discussions through social dialogue and the
Assisting Workers achievements these discussions have yielded.
It will conclude that to achieve a new social contract that ensures a human
centered agenda for the future of work, workers must have a seat and a
voice at the table in policy creation, business decisions and technological
designs. And that workers should be at the center of reimagining the future
which can be achieved through effective social dialogue.PLENARY 5
09h00
09h45
TOPIC
International labour standards and law reform in the region
(Southern Africa): reflections from an ILO consultant
PROFESSOR BIO
DEBBIE COLLIER
Debbie Collier is Head of Department and Associate Professor in the
University of Cape Town Department of Commercial Law at the University of Cape Town. She is
South Africa involved in teaching and supervision on aspects of labour law, social policy
and development. Her research interests are in the field of employment law
and development, increasingly in the context of workplace discrimination
and equality law. Debbie has co-authored three books and published
numerous articles and book chapters and has worked with the International
Labour Organisation (ILO) on several labour law projects in the SADC
region.PLENARY 6
09h45
10h30
TOPIC
Protecting platform workers: options and challenges.
PROFESSOR BIO
PAUL BENJAMIN
Paul Benjamin specialises in the areas of labour law, public law, legal
Western Cape policy and legal drafting. He was admitted as an attorney in 1986. He
South Africa has combined his practice with an academic career: he is presently a part-
time Extraordinary Professor at the University of the Western Cape and has
held positions at the universities of Cape Town and the Witwatersrand.
In the apartheid era, he had a public interest and labour law practice
undertaking major cases for the independent trade unions, in particular, the
National Union of Mineworkers. At the outset of the democratic era, he
was a technical advisor to the Constitutional Assembly and was appointed
as the principal drafter of the Basic Conditions of Employment Act, 1997.
Subsequently, he has been involved in developing and drafting legislation
and regulations for a range of departments including Employment
and Labour, Minerals, Environment, Health and Trade, Industry and
Competition. He has a particular interest in the relationship between law
and policy as well as the challenges of implementing legal frameworks.
He advises NEDLAC and CCMA on issues of labour market policy and
in 2020 completed an assessment of labour regulation for the National
Planning Commission. During the COVID-19 pandemic, he advised
NEDLAC on the development of the COVID-19 TERS unemployment
insurance scheme and the Direction on Workplace Health and Safety.
He has also consulted to the International Labour Organization (ILO) and,
in this capacity, has participated in major labour law reform processes in
Kenya, Tanzania and Lesotho.
He is a prolific legal author and commentator and is a co-author of South
African Labour Law (Juta), a leading commentary on employment law in
South Africa.
Paul has served three terms as an acting judge in the Labour Court.
Paul is ranked by Global Chambers and Partners, an independent
international ranking entity, as a “senior statesman” of South African
employment law.PLENARY 6 - continued
09h45
10h30
TOPIC
Protecting platform workers: options and challenges.
PROFESSOR BIO
DARCY DU TOIT
Darcy du Toit held the chair in Mercantile Law at UWC from 1996
University of the Western Cape until 2011 and is currently an Emeritus Professor in the Department of
South Africa Mercantile and Labour Law. His research has focused on workplace
democratisation, employment equity, strike law, domestic work (contributing
to the adoption of ILO Convention 189 of 2011 on domestic workers) and
more recently on digital platform work. As a practitioner he has worked as
a labour arbitrator and a consultant to Bradley Conradie Halton Cheadle
Attorneys, a firm specialising in labour law. Internationally, he has served
inter alia as a Vice-President of the International Society for Labour and
Social Security Law and member of the advisory board of the European
Labour Law Network. He is a life member of South African Society for
Labour Law.
10h30
11h00
TEABREAKAWAY WORKSHOPS
PARALLEL SESSION 4
11h00
11h45
TOPIC
The Impact of The Pandemic Disease Covid-19 on The Workplace
-The Mauritian Case Study-
PROFESSOR Short Outline of the Presentation
RAJENDRA PARSAD Like elsewhere, the pandemic disease Covid 19 has a huge impact on
GUNPUTH workers and employees in Mauritius with changes on the workplace:
restrictions to movement and impact of freedom of speech and expression,
Personal Chair in International vaccination is imperative and compulsory to have access to the workplace
Comparative Law even if there are complaints (people suffering from allergies), workers
need a Work Access Permit, the lockdown provokes redundancy and loss
Dean of The Faculty of Law &
of employment in most sectors, loss of remuneration and lay-offs, gender
Management
inequality also was detected (women have to work at home and to look
University of Mauritius
after their children and elderly persons) and health officers and other
employees are front liners working in very strenuous conditions. New
legislations are in force but there are hot debates and will be subject of
discussion during this conference.
Narration
This conference is an ideal platform for discussion and to debate on the
impact of some legislations and regulations which came force in 2020
and 2021 in Mauritius when the population is not prepared to such laws.
Respected delegates attending the conference will learn a little more on
the situation prevailing in the small Republic of Mauritius with its 1.3
million inhabitants. The Mauritian legislator passed a large number of
legislations and regulations: The Quarantine Act 2020 and the Quarantine
(Covid-19) Amendment Regulations 2021), the Covid-19 (Miscellaneous
Provisions) Act 2020, the Prevention and Mitigation of Infectious Disease
Coronavirus Regulations 2020, the existing Public Health Act 1925 and
the Occupational Health and Safety Act 2005, or the Work from Home
Regulations 2020 to cater for health and safety on the workplace but you
will certainly debate on these legislations for its pros and cons: restrictions
on the movement of citizens local and abroad, restrictions of freedom of
speech, expression and even freedom of conscience and religion just to
name a few.PARALLEL SESSION 4
11h00
11h45
TOPIC
Can Employers compel Employees to vaccinate against Covid-19?:
A consideration of the Right to Privacy in the Workplace in the age
of the Coronavirus
KATLEHO The World Health Organization has identified vaccinations as the most
LETSIRI effective tool for protecting people against COVID-19. However, the
roll-out has given rise to various questions, including whether employers
University of Johannesburg can require vaccination as a condition for employment. The authors will
South Africa consider this question in light of arguments for and against mandatory
vaccination within a workplace. In doing this the writers will consider the
constitutionally enshrined rights to bodily integrity and privacy, provisions
regulating the concept of “consent” in terms of the National Health Act 61
of 2003, and the employer’s duty to provide and maintain a safe working
environment in terms of the Occupational Health and Safety Act 85 of
1993.
BIO
Katleho Letsiri is an Assistant Lecturer at the University of Johannesburg.
She holds a LLB, LLM in Labour Law cum laude, both from the University of
Johannesburg. She has worked as an academic tutor and has volunteered
at the pro bono office of the South African Society for Labour Law (SASLAW)
which is based at the Labour Court in Johannesburg. Her research interests
include Labour Law and Social Security Law and she is currently pursuing
her LLD in Mercantile Law at the University of JohannesburgPARALLEL SESSION 4 - continued
11h00
11h45
TOPIC
Can Employers compel Employees to vaccinate against Covid-19?:
A consideration of the Right to Privacy in the Workplace in the age
of the Coronavirus
KGOMOTSO BIO - Kgomotso Mokoena
MOKOENA
Kgomotso is a lecturer at the University of Johannesburg. She has worked
University of Johannesburg as a legal researcher for former Justice Kate O’Regan, current Chief Justice
South Africa Mogoeng Mogoeng and the late former Chief Justice Arthur Chaskalson
of the Constitutional Court of South Africa. She was named one of Mail
and Guardian’s Top 200 Young People to Watch in 2015. Kgomotso
holds a diploma in Social Entrepreneurship from the Gordon Institute of
Business Science and practiced at Cheadle Thompson Haysom Inc in
Johannesburg for 4 years. Kgomotso holds a Bachelor of Arts degree in
Political Science and Law, a Bachelor of Laws degree and a Masters in Law
degree (Intellectual Property and Media Laws) all from the University of the
Witwatersrand. She was admitted as an attorney of the High Court of South
Africa in 2013. She is a member of the Charities Aid South Africa Board
of Directors and is the chair of its Governance Committee. Kgomotso is
also a seasoned facilitator, having facilitated conversations with the likes
of Former Justices Dikgang Moseneke and Edwin Cameron. Kgomotso is
also a non-practicing commissioner of the Commission for Conciliation,
Mediation and Arbitration and is reading towards her PhD in Labour Law at
the University of the Western Cape.PARALLEL SESSION 5
11h45
12h15
TOPIC
Industrial Relations – the impact during and post the Covid-19
pandemic.
ADVOCATE BIO
ANNE BABU
Anne is an Advocate of the High Court of Kenya with over 13 years’
Anne Babu & Company Advocates practicing experience in employment and commercial law. She is the
Kenya founder of Anne Babu & Company Advocates and the curator of Kenya
Employment Law.
Anne holds a Bachelor of Laws Degree from the University of Nairobi
and a Master’s Degree in Industrial & Employment Relations from the
University of Turin, International Training Centre of the International Labour
Organization, Italy.
Anne has been identified and ranked globally by Chambers & Partners and
Legal500 as one of the leading employment lawyers in Kenya.
Anne is passionate about employment law practice, compliance, research,
writing and training.PANEL DISCUSSION AND CLOSURE
12h15
13h30
TOPIC
The role of social security in times of pandemic (distinction with
social compensation). Why is it so important? lessons learned
during the pandemic?
YVES BIO - Yves Jorens
JORENS
• Full Professor of (European) Social Security Law Ghent University
University of Ghent • Director of IRIS (International Research Institute on Social Fraud)
Belgium • Co-director of LIISA (Lab for International & Interdisciplinary Social
Affairs)
• Honorary Professor School of Sociology and Social Policy, University of
Nottingham
BIO - Professor Grega Strban
Prof. Dr. Grega Strban is Full Professor of Labour and Social Security
Law and Vice-Dean of the Faculty of Law University of Ljubljana (UL).
He completed postgraduate specialization of EU law at the University of
Cambridge (with distinction), master course on European social security at
the KU Leuven (magna cum laude), and defended his doctoral thesis at UL.
He conducted research at Max-Planck Institute for Social Law and Social
Policy in Munich, as Stipendiat and a Humboldt Fellow, and is currently an
PROFESSOR external expert of the Institute.
GREGA STRBAN
He is President of Slovenian Association of Labour Law and Social Security,
University of Ljubljana
Vice-President of the European Institute of Social Security (EISS), and
Slovenia
member of the Judicial Council of Slovenia. He is active in national and
international projects, e.g. head of the research group at the Faculty of Law
UL, scientific manager of EU project FreSsco, management board member
of Erasmus+ project Efese, and has authored numerous publications. He
was recognised as Best Young Lawyer in Slovenia (2001) and received the
Roger Dillemans Award for Excellence in Social Security, KU Leuven (2004).PANEL DISCUSSION AND CLOSURE
12h15
13h30
TOPIC
Extending social insurance to self-employed workers: Reconsidering
the need and the possibilities in light of the COVID-19 pandemical”
RUTENDO BIO
MUDARIKWA
Rutendo Shylyn Mudarikwa is an admitted legal practitioner with the High
WIEGO Court of Zimbabwe. She holds a Bachelor of Social Science and LLB from
Rhodes University and an LLM (Labour Law) from the University of Cape
Town.
Rutendo, previously worked as a researcher with the Labour and Enterprise
Project within the University of Cape Town’s Institute of Development
and Labour Law, and has undertaken and published research on various
labour issues in Sub-Saharan Africa. Her research interests include labour
law, international labour law, human rights, social protection, precarious
employment relationships, the informal economy and domestic workers.PANEL DISCUSSION AND CLOSURE
12h15
13h30
TOPIC
Extending social insurance to self-employed workers: Reconsidering
the need and the possibilities in light of the COVID-19 pandemical”
DOCTOR BIO
PAMHIDZAI BAMU
Pamhidzai was born and raised in Harare, Zimbabwe. She holds an LLB,
WIEGO LLM (Labour Law) and a PhD (Labour Law) from the University of Cape
Town. She completed a post-doctoral fellowship at Stellenbosch University
in 2013.
She has worked as a researcher in the Institute of Development and
Labour Law at the University of Cape Town, and the Social Law Project at
the University of the Western Cape, and has undertaken and published
research on various labour issues in South Africa and Southern Africa.
She has worked on several consultancies for the ILO and Southern African
Development Community (Secretariat) on various issues, including labour
migration, domestic work, non-standard employment and the employment
contract. She is currently the Law Programme Coordinator for Africa at
Women in Informal Employment Globalizing and Organizing (WIEGO)
During her time at WIEGO, she has worked with the International Domestic
Workers’ Federation (IDWF) to develop the Toolkit on Domestic Workers
and C189, which aims to promote the realization of C189 on the ground.
Pamhi is also a project to analyse the COVID-19 laws and their impacts
on informal workers in Africa, Asia and Latin America. She has a strong
interest in worker education to strengthen workers’ capacity to know and
use the law and to demand their legal recognition and protection as
workers.
She currently lives in Washington, D.C.PANEL DISCUSSION AND CLOSURE
12h15
13h30
CHAIRPERSON
PROFESSOR BIO
EVANCE KALULA
TBC
13h30
14h15
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