In South Africa, restraint of trade clauses are commonly included in employment contracts to protect an employer’s legitimate business interests. These clauses restrict employees from working for competitors, starting a competing business, or soliciting clients or staff after leaving the company. A restraint of trade clause is enforceable unless it is found to be unreasonable [...]
Severance pay is a statutory form of compensation granted to employees who are retrenched due to operational requirements. It is not a reward, but a safeguard meant to ease the financial impact of job loss through no fault of the employee. Governed by the Basic Conditions of Employment Act (BCEA), severance pay can become a [...]
Poor work performance is not a disciplinary issue but a form of incapacity that must be managed through a fair and structured process. Employers are required to identify performance gaps, offer support, and allow time for improvement before considering dismissal. Guided by Schedule 8 of the Labour Relations Act, this infographic outlines the key distinctions, [...]
Compliance Orders are enforcement tools issued by labour inspectors under the Basic Conditions of Employment Act (BCEA) to ensure that employers meet their legal obligations. When a violation of the BCEA is detected, a Compliance Order outlines the steps an employer must take to correct the breach within a specified timeframe. This infographic provides a [...]
South African labour law is underpinned by a robust legislative framework that ensures fairness, equity, and protection for both employees and employers. Rooted in the Constitution, the supreme law of the land, these statutes regulate critical aspects of workplace relations, including fair treatment, safety, diversity, and economic stability. From the Labour Relations Act, which governs [...]
Pre-conciliations are an essential step in resolving workplace disputes efficiently and informally, often before they escalate to formal legal proceedings. This infographic provides an overview of the pre-conciliation process, highlighting how disputes are referred, registered, and addressed through informal discussions facilitated by a Commissioner. By fostering quick and confidential resolutions with minimal legal formalities, pre-conciliations [...]
The preamble of the Labour Relations Act 66 of 1995 (LRA) boldly stipulates that the LRA was promulgated to “change the law governing labour relations and for that purpose to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration.” In straightforward terms, “the purpose of the LRA is to [...]
The debate surrounding the labour rights of sex workers is one of the most polarising issues of modern international labour law. With Belgium's recent decision to grant comprehensive labour protection to sex workers, many have hailed it as a human rights victory, while others warn of the social and moral dilemmas it introduces. For South [...]
Employers may find themselves in a difficult situation in distinguishing the fine line between unfairly discriminating against employees and upholding their reasonable code of conduct and policies within the workplace. In the past, it has been easy to discipline employees in terms of the so-called “zero tolerance” policies for substance and alcohol use and abuse. [...]
In the recent Labour Appeal Court case of Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) [2024] ZALAC 60 (21 November 2024), a municipal manager (the employee) at Moqhaka Local Municipality (the employer) was suspended on the 1st of March 2024, due to alleged misconduct. After receiving the notice to attend a disciplinary hearing on [...]