Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights
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 […]
How Does Section 73A of the BCEA Apply to Independent Contractors?
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 […]
Age Discrimination in South Africa: Safeguarding the Rights of Older Employees
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 […]
Are You Considered an Employee in Terms of the Labour Relations Act?
There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are protected under the Labour Relations Act. More often than not, independent contractors believe that they have signed employment contracts as employees, when, in reality, they have signed independent contractor agreements and, in laymen’s terms, have […]
Considering the CCMA ? Here Is What You Need to Know
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 […]
When Can My Employer Convert My Paid Suspension to Unpaid?
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 […]
The Parity Principle: Unfair dismissals
“I’ve been dismissed but my colleague who has done the same only got a warning. Is that fair?” Summary: An ever-increasing trend for employees in labour disputes – particularly those of unfair dismissals – is the application of the parity principle. Essentially, the principle dictates that two or more employees guilty of similar misconduct should […]
Can employees be dismissed for WhatsApp messages?
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 […]
Can my employer refuse to accept my medical certificate?
The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their absence from work they are obliged to pay them for the day(s) missed. Similarly, employees believe that should they stay away from work and provide a medical certificate, all […]
The art of breathing: I failed the breathalyser test in my workplace. What now?
For years, breathalyser tests were a primary method to determine whether employees tested positive for alcohol. These results have been used by employers to sanction employees if the tests were positive. But what happens when an employee claims that a positive result on a breathalyser test is incorrect and still gets dismissed? The recent judgment […]