Tag ArchivesLabour Law; SchoemanLaw
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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CCMA Commissioners may lose discretion to allow legal representation in unfair dismissal disputes arising from misconduct

It is a well known rule in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) that legal representation in unfair dismissal disputes arising from misconduct are only allowed at the Commissioners discretion. Commissioners were empowered to exercise this discretion under Rule 25 of the CCMA Rules (“The Rules”). However, the recent case of Coetzee v […]

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Class Action

Insubordination in the Workplace: What you need to know

Introduction It is a well-established principle, that employees must obey the lawful and reasonable instructions of their respective employers. Refusal to follow such instructions may constitute insubordination. While in some cases insubordination may constitute misconduct, the scope and role of insubordination can sometimes be unclear. What is insubordination As a starting point, a distinction must […]

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sexual harassment

#WOMENSMONTH – Part One Series: Sexual Harassment in the Workplace – Know your Rights as an Employee!

  In South Africa, it is far more common for female employees to fall victim to Sexual Harassment in the workplace. They are often too afraid to speak up or break the silence out of fear of losing their jobs. It is important for all female employees to be aware of the fact that there […]

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