Contracts

What do you want from me?

It often happens when a matter is referred to the CCMA that specific issues in dispute are due to miscommunication or misinterpretation between the parties. This can be easily avoided by giving new employees proper training in their duties and responsibilities. Though challenging at the time, never underestimate the importance of defining roles and responsibilities [...]

2022-11-21T15:26:30+02:00November 21st, 2022|Contracts|Comments Off on What do you want from me?

Casual Worker or Permanent Employee?

The word “casual” is not defined by the Basic Conditions of Employment Act. The word employee is, however, defined as follows: “Any person, excluding an independent contractor, who works for another person, or the state, who receives or is entitled to receive remuneration”. The act goes further by defying an employee as “any other person [...]

2022-11-14T10:18:34+02:00November 14th, 2022|Contracts|Comments Off on Casual Worker or Permanent Employee?

Entering into an employment contract – Where to start and what to remember

The status of an employee must be established from the beginning of the employment relationship, be it permanent, fixed term or temporary. Once the employee's status has been determined, it is essential to specify the particulars of the employment relationship. Although a written contract is not a prerequisite for a valid employment contract, it is [...]

2022-11-07T14:47:30+02:00November 7th, 2022|Contracts|Comments Off on Entering into an employment contract – Where to start and what to remember

What documents do I need to complete when an employee leaves?

When a contract of employment is terminated, there are various processes that the employer needs to implement. Aside from the internal processes such as removing the employee from the payroll system, disabling passwords and accounts and collecting company assets, there is the processing of documentation such as the certificate of service, the employee's UI-19 and [...]

2022-10-24T09:07:40+02:00October 24th, 2022|Contracts, Dismissal|Comments Off on What documents do I need to complete when an employee leaves?

Probation: The Do’s and Don’ts

Employees are one of the most valuable assets in a company, especially having the right employees. Therefore, employers often need to "try out" the employees to see if they have the necessary skills and will be compatible with their new working environment. That is where probation comes in. The purpose of a probation period is [...]

2022-10-04T12:41:08+02:00October 4th, 2022|Contracts|Comments Off on Probation: The Do’s and Don’ts

The “Ins and Outs” of Restraint of Trade Agreements

A restraint of trade is a provision within an employment contract which stipulates that in the event of termination of employment, an Employee is restricted from taking up employment of similar work. The restraint of trade is not absolute and may only be applied for a reasonable period and within a specific geographical location. A [...]

2022-09-28T15:47:55+02:00September 28th, 2022|Contracts|Comments Off on The “Ins and Outs” of Restraint of Trade Agreements

Temporary Employment Services – the sole employer approach preferred by the Courts

The various interpretations afforded to the "Deeming Provision" contained in Section 198A(3)(b) of the Labour Relations Act 66 of 1995 have been shrouded in confusion and uncertainty for a long time. However, the Labour Appeal Court decision handed down on 10 July 2017, reported as NUMSA v Assign Services and Others LAC Case No: JA96/16, [...]

2022-09-14T11:09:30+02:00September 14th, 2022|Contracts|Comments Off on Temporary Employment Services – the sole employer approach preferred by the Courts

Potential pitfalls of hiring before completion of employment checks

In a perfect world, employers will first complete their employment checks and vetting process before the successful candidate is issued with an employment contract and before employment commences. However, there may be justifiable reasons why an employer needs to make an appointment on an urgent basis before the employment checks and vetting process has been [...]

2022-08-29T13:15:35+02:00August 29th, 2022|Contracts|Comments Off on Potential pitfalls of hiring before completion of employment checks

You can’t just terminate my previously renewed fixed-term contract!… or can you?

Section 198B (3) of the Labour Relations Act provides that an employer may employ an employee on a fixed-term contract or successive fixed-term contracts for longer than three (3) months of employment only if – The nature of the work for which the employee is employed is of limited or definite duration; or The employer [...]

2022-07-19T12:13:15+02:00July 19th, 2022|Contracts|Comments Off on You can’t just terminate my previously renewed fixed-term contract!… or can you?

Can I retrench an employee on a fixed-term contract?

Employers have the right to retrench employees. This is regulated by Section 189 and 189A of the Labour Relations Act 66 of 1995. Due to the current economic climate, retrenchments have become more frequent for obvious reasons. Employers should ensure that their fixed-term contracts are managed correctly to avoid disputes, should they need to make [...]

2022-06-15T12:31:49+02:00June 15th, 2022|Contracts|Comments Off on Can I retrench an employee on a fixed-term contract?
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