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Filter: Employment
Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights

06 December 2024,  Gerhard Smit

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 its client base. A typical restraint of trade clause may require a senior manager or sales executive with access to sensitive business information, such as client lists or trade secrets, to agree not to work for a competitor within six months of leaving the company within a specified geographic area. Restraints of trade agreements are sometimes likened to an antenuptial contract in that it has no practical impact until the relationship terminates. The agreement must then be implemented post-breakup, which can lead to disputes.

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1562
Article
Age Discrimination in South Africa: Safeguarding the Rights of Older Employees

08 November 2024

Age discrimination, especially in the context of employment, is a pervasive issue across many countries, including South Africa. In the... labour law framework of South Africa, age is a prohibited ground of discrimination under the Employment Equity Act (EEA). The rise of aging populations and the increased need for extended working careers have forced employers to rethink their policies concerning older employees. Age-based dismissals, if not handled carefully, could lead to legal ramifications and damage to the company’s reputation. This article explores the complexities surrounding age discrimination in South African labour law, focusing on the responsibilities of employers when dealing with age-related dismissals and what safeguards are in place to protect employees.

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1437
Article
The Applicability of Section 73A of the BCEA on Independent Contractors

03 September 2024

The difference between employees and independent contractors carries significant weight within the employment law sector. Being considered an employee affords... you a plethora of protections and dispute resolution mechanisms, while the other, not so much. But what happens in the case where you worked for someone, and they refuse to pay the monies due to you? Does your ability to claim owed monies through the Commission for Conciliation, Mediation, and Arbitration (CCMA) depend on whether you are classified as an employee or an independent contractor? This article aims to argue that independent contractors may refer a dispute to the CCMA in terms of Section 73A of the Basic Conditions of Employment Act (BCEA).

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4026
Article
Considering the CCMA? Here Is What You Need to Know

05 July 2024

A lack of information or comprehension of the Commission for Conciliation, Mediation, and Arbitration (Hereinafter the “CCMA”) and its processes... can prevent the public from taking advantage of the commission's accessible and low-cost services, causing frustration. For those unfamiliar with labour laws and not part of the legal profession, navigating the CCMA can seem intimidating due to its complex rules and procedures. However, understanding these processes reveals that the CCMA is more accessible than perceived. This article aims to address frequently asked questions about the CCMA’s rules and procedures.

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1533
Article
When Can My Employer Convert My Paid Suspension to Unpaid?

06 March 2024

Generally, employees suspended during a disciplinary enquiry are entitled to their full salary. This suspension allows for a thorough investigation... of the incident in the workplace without distractions or obstructions by the employee. However, there are times when an employer might feel that they’re being ‘bled out’ by an employee. This article answers the question of whether an employer can abandon their responsibility to make payment to their employee, pending a disciplinary enquiry.

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4576
Article
Regulating WhatsApp in South Africa: Can Employees Be Dismissed for WhatsApp Messages?

05 December 2023

How widely and consistently do you use WhatsApp in your workplace? Do you have WhatsApp groups designated for work purposes?... Can you freely express your opinion on certain topics while in those WhatsApp groups? Given the social media era that has dawned within the workplace, a crucial question that needs to be addressed is whether an employee may be fairly dismissed based on a WhatsApp message. This comment explores this question with the assistance of the 2022 CCMA ruling of Gerber / Xone Control Management.

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Article

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