How Independent are “Independent Contractors” really?

It often happens that companies make use of independent contractors to render certain services for the company and although the company never intended such persons to be employees, they may still be regarded as employees.   Companies often enter into “independent contractor” agreements with third parties for the rendering of certain services and are under [...]

2021-03-24T14:44:19+02:00March 24th, 2021|Contracts|Comments Off on How Independent are “Independent Contractors” really?

The differences between the BCEA Section 69(5) and BCEA Section 73A processes

Introduction Section 69 and Section 73 of the Basic Conditions of Employment Act make provisions for parties to a statutory wage dispute to refer such dispute for determination by an arbitrator.   While both processes involve claims for alleged outstanding money and the outcome of both is the same insofar as the Arbitrator will make [...]

2021-02-24T10:02:37+02:00February 24th, 2021|Contracts|Comments Off on The differences between the BCEA Section 69(5) and BCEA Section 73A processes

The inner workings of Section 73A of the Basic Conditions of Employment Act

Purpose: Section 73A of the Basic Conditions of Employment Act (“BCEA”) confers jurisdiction on the CCMA to conciliate and arbitrate disputes in which employees earning below the prescribed threshold may claim monies owing to them in terms of the National Minimum Wage Act, the BCEA, a collective agreement, a sectoral determination or contract of employment. [...]

2020-12-21T09:10:41+02:00December 21st, 2020|Contracts, Wages|Comments Off on The inner workings of Section 73A of the Basic Conditions of Employment Act

Bonus: Are all employees entitled to a bonus or 13th cheque?

This has been a difficult year for everyone and now more than ever, employers are struggling to not only maintain their staff compliment but pay staff additional extras such as bonuses. The payment of bonuses, especially the 13th cheque or year-end bonuses, has always been quite a controversial issue because the majority of employees assume [...]

2020-12-15T14:20:24+02:00December 15th, 2020|Contracts|Comments Off on Bonus: Are all employees entitled to a bonus or 13th cheque?

Annual leave during December and failure to return to work

As the festive season fast approaches it is important that employers are fully informed of all issues relating to annual leave. Issues surrounding annual leave tend to become more common during this time.   The conclusion of an employment contract creates reciprocal rights and obligations between employer and employee and the parties to an employment [...]

2020-12-11T11:01:34+02:00December 11th, 2020|Contracts|Comments Off on Annual leave during December and failure to return to work

Can a Restraint of Trade Clause be Enforced?

Employers often include a “Restraint of Trade” clause in an employment contract, and it happens, from time to time, that employers appoint employees who are still bound to a “Restraint of Trade” clause from a previous employment relationship. The question however is, how enforceable are these clauses?   As a point of departure, let us [...]

2020-11-26T09:50:24+02:00November 26th, 2020|Contracts|Comments Off on Can a Restraint of Trade Clause be Enforced?

When is an employer bound to re-employ ex-employees?

Section 186(2) of the Labour Relations Act (LRA) provides a list of instances when an unfair labour practice could arise between an employer and employee. One of these instances refers to ‘the failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement’.   This type of unfair [...]

2020-11-04T14:28:58+02:00November 4th, 2020|Contracts, Dismissal|Comments Off on When is an employer bound to re-employ ex-employees?

When May an Employee be Compelled to Retire?

Employers are often faced with employees who have aged and struggle to maintain the standard of work that they once performed. Though this is no fault of the employee, as ageing is a natural occurrence in the lives of each and every person, it may still have a negative impact on the productivity of an [...]

2020-10-21T15:46:41+02:00October 21st, 2020|Contracts|Comments Off on When May an Employee be Compelled to Retire?
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