A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade clause is to protect businesses from unfair competition by former employees or partners and safeguard company secrets and i ...
On 1 August 2014, the Employment Equity Amendment Act No 47 of 2013 (“EEAA”) was promulgated into law, supported by a new set of Employment Equity Regulations (Regulations). The EEAA sought to amend the Employment Equity Act No 55 of 1998 (“EEA”) by ...
Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer. An employer w ...
We are often approached by Employers and Employees alike, asking advice on the lawfulness of suspensions in the workplace. In determining what a lawful suspension is, it is important to differentiate between suspension prior to the disciplinary hea ...
Could employers be held vicariously liable for their employees’ sexual harassment in the workplace? A recent judgment, E v Ikhwezi Municipality and Another, delivered in March 2016 by the Eastern Cape High Court in Grahamstown, suggests that the ris ...
Is it time to review your policies on maternity leave benefits? A recent and important judgment in the Labour Court in MIA v State Information Technology Agency (Pty) Ltd found maternity leave policies in favour females to be discriminatory against ...
“Why don’t you come work in Joburg? You will get paid more…” The number of times that has been said in social gatherings are countless. There tends to be this view in South Africa that people working in larger cities are more favourably remunerated t ...
Over the past 5 years or so we have seen a rapid growth in social media use in South Africa whether it be for personal or business purposes. If not already, social media will become one of the most commonly used forms of communication (hence the mo ...
Employers often have the inconvenience of having to deal with an “incompatible” employee. In other words an employee who does not fit the company culture or creates some sort of disharmony in the workplace. Our courts have recognized incompatibility ...
In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice di ...
