Employment law

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Labour law false allegations

Effect of the Restraint of Trade in Your Employment Contract

Introduction The provision for restraint of trade clauses may seem simple and employees may be tempted to agree to it when newly employed. However, the effect of the clause is far-reaching and employees must be aware that they are presumed to be familiar with the effect of the clause. Generally, restraint of trade clauses restrict […]

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Copyright Amendment Bill

Curbing Abuse of the Sick Leave System

Introduction It is no secret that the abuse of the Sick Leave System by Employees has had devastating economic effects and management challenges on companies. Without Employees being present at work, many businesses cannot function, and in those instances, Employers run at a loss. Employees might be under the impression that in instances where they […]

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Labour law false allegations

Labour brokers and temporary employment services: what are they?

Introduction It has long been common practice for employers to make use of so-called employment agencies or temporary employment services (“TES”). Typically, this is where an employer would approach a third party to supply temporary or short-term employees for a specific period or project. This article will explore the relationships between the various parties in […]

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Labour law false allegations

The Racism Card at Work – Can Falsely Accusing Someone of Racism Warrant Dismissal?

Introduction South Africa has been plagued by decades of racism that has not been significantly addressed since our new constitutional dispensation post 1994. As such, tensions have remained high, rightly so, in situations where racism has been alleged. Unfortunately, there have also been situations where false allegations of racism have been used. Most recently in […]

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Labour law false allegations

Demotion in the Workplace: What you need to know

Introduction                                                  Often times Employers set targets for Employees in order to monitor their performance. When an Employee continuously does not meet his/her target, the Employer has to intervene and assess why […]

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