by Melanie Hart | Apr 16, 2024 | Employment
Q1: Can you please explain what a restraint of trade clause is? A restraint of trade clause is a contractual provision that limits an employee’s ability to engage in certain activities, for a certain period of time, after leaving their employment. These...
by Melanie Hart | Mar 6, 2024 | Employment
On 5 March 2024, the Minister of Employment and Labour published a determination of a new annual earnings threshold in terms of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA”). With effect from 1 April 2024 the threshold will increase from R241 110.59...
by Melanie Hart | Dec 4, 2023 | Employment, News
Whilst employees have a right to be heard prior to their dismissal, many employers have been confronted by the dilatory tactics adopted by an employee facing disciplinary action. These tactics, employed with much zeal, are aimed at frustrating and thus...
by Melanie Hart | Oct 26, 2023 | Employment
The High Court has handed down a landmark judgment declaring the sections of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA”) dealing with maternity and parental leave as unconstitutional. The Court held that sections 25 (Maternity Leave), 25A (Parental...
by Melanie Hart | Aug 28, 2023 | Employment
At Sibanye Platinum Mine, specific zones are designated as off-limits for items (regarded as contraband) such as cellphones, due to the potential explosion risks which these items pose. Mr. Motswadi, the employee in question, acknowledged that although he hadn’t...
