agreement

Let’s just move on!

Most contracts of employment have a restraint of trade clause in them. The clause usually states that the employee is restricted from performing certain work within a certain industry for a certain period. The purpose of this clause is to stop the employer's proprietary interests from being accessed by its competitors. Proprietary interests are, inter [...]

2022-10-13T10:20:52+02:00October 13th, 2022|General|Comments Off on Let’s just move on!

Where do your interests truly lie?

The employer and the employee have a mutually beneficial relationship, one in which the employee undertakes to provide services, expertise and skills in the interest of their employer in return for remuneration. The question that often comes into mind is whether an employee must only represent their interest with one employer or if they are [...]

2022-10-12T15:31:28+02:00October 12th, 2022|General|Comments Off on Where do your interests truly lie?

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

Let’s agree to disagree

Negotiations between the employer and Trade Unions are never straightforward. Whether negotiations relate to wages, collective agreements, bonuses, or allowances, finding common ground is generally a tense and lengthy affair. The main aim of negotiation is to resolve the dispute between the parties amicably. The preferred outcome is the opportunity to resolve the dispute at [...]

2022-09-06T13:34:22+02:00September 6th, 2022|General|Comments Off on Let’s agree to disagree

Offer of employment and defining the expectations of the company and the candidates

After going through a series of interviews and the employer has identified a suitable candidate for the available position, an offer of employment is sent to the successful candidate. In many instances, there is delight and excitement when a successful candidate receives an offer of employment. At this stage, the employer has identified that the [...]

2022-08-22T13:27:12+02:00August 22nd, 2022|General|Comments Off on Offer of employment and defining the expectations of the company and the candidates

What is a request for an advisory award on whether a person is an employee –  Section 200 A (3) of the LRA?

The question of who falls within the ambit of an “employee” for purposes of the Labour Relations Act (LRA) is dealt with in many disputes referred to the CCMA or Bargaining Councils under a broad scope. This generally causes confusion, and most parties raise it as a jurisdictional point before the actual dispute is entertained. [...]

2022-07-25T15:33:18+02:00July 25th, 2022|General|Comments Off on What is a request for an advisory award on whether a person is an employee –  Section 200 A (3) of the LRA?

Know your employee’s rights

The past two years have shown some trying times for employers and employees, which gave rise to the employee’s interest and need to join a trade union. Different trade unions specialise in different trades, and we can be sure that there is a union for almost every trade in South Africa. It has been noted [...]

2022-07-14T09:53:57+02:00July 14th, 2022|General|Comments Off on Know your employee’s rights
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