Tag Archiveslabour law
restraint of trade

Understanding Restraint of Trade Agreements

A Restraint of Trade agreement is included in the majority of employment contracts in South Africa, yet most parties only enquire about the enforceability of clause at the conclusion of the period of employment. It is of crucial that all parties have a full understanding of the clause and its potentially far-reaching implications. This presents […]

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Derivative misconduct and collective disciplinary enquiries

In a recent Labour Court ruling of Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others, the Judge held that an employee bound implicitly by a duty of good faith towards the employer, breaches that duty by remaining silent about knowledge possessed […]

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When am I regarded as an employee?

The signing of an offer of employment generally signifies the beginning of a contractual relationship between an employer and employee in labour law. Legislation that stipulates the rights of both the employer and employee after the signing of the offer of acceptance or the commencement of work in a new position, has become murky for […]

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The Labour Relations Act 66 of 1995, as amended.  The below subsections in the Labour Relations Act commenced on 1 April 2015: 1. Temporary employment services particulars; 2. Temporary service by employees earning below the required threshold; 3. Fixed term contract employee treatment, and; 4. Part-time employment. The National Credit Amendment Act, 19 of 2014, as […]

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Proposed changes to employment law could impact on your team

One aim of the recent Amendments Bill to the Basic Conditions of Employment Act No. 75 of 1997 (BCEA) is to regulate our different employment relationships. Changes to the legislation are designed to respond to the growth of the South African labour market’s informal sector. It is important that people who work in this sector […]

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