suspensions

Suspensions in the workplace – how and when must the Employer suspend Employees

It can be quite daunting for an Employer to suspend an Employee. Many Employers have not followed any procedures when suspending their Employees. The Employer would later regret not seeking any advice as to the correct manner to suspend Employees especially when they must compensate misbehaving Employees due to their oversight. What would the correct […]

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agency

When to use an Agency or a Distribution Agreement

When deciding whether you should use an Agency or a Distribution Agreement – the main question a business owner should ask is whether the person or Company you are appointing will be acting as an Agent or a Distributor. An Agent relationship comes into existence where the Agent obtains permission from the Supplier to market, […]

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Labour Relations Act

Strikes and Lock-Outs: The Rights of Employees and Employers

The Labour Relations Act 66 of 1997 as amended (hereinafter referred as to the “LRA”), regulates the law relating to strikes and lock-outs. The LRA provides and outlines the rights and protection provided to Employees who decide to embark on strike action. Furthermore, the LRA sets out the Employer’s recourse where his/her Employees embark on […]

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The Shifren Principle – The Importance of Reducing Oral Agreements to Writing When a Contract Contains a Non-Variation Clause

Today, almost all Commercial Contracts entered into include non-variation clauses. A non-variation clause is a contractual provision which restricts the variation and/or cancellation of an Agreement. Any variation or cancellation of the Agreement will therefore not be of any effect unless reduced to writing and signed by the parties concerned. Not all parties to a […]

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conciliation

Are conciliation proceedings at the CCMA privileged? A case study perspective.

The Labour Relations Act No. 66 of 1995, as amended (hereinafter referred to as “the LRA”), is regarded as the most important part of any Labour Legislation. The Labour Relations Act created structures for the purpose of collective bargaining, this included bargaining and statutory councils. The above-mentioned councils, in conjunction with the Commission for Conciliation, […]

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