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THE COMMENCEMENT OF THE NEW LABOUR APPEAL COURT AND LABOUR COURT RULES

THE COMMENCEMENT OF THE NEW LABOUR APPEAL COURT AND LABOUR COURT RULES

by Melanie Hart | Jun 7, 2024 | Employment

The new Labour Appeal Court and Labour Court Rules will come into effect on 17 July 2024. The new Rules are aimed at streamlining the Labour Court and Labour Appeal Court processes and comprise a consolidation of the “old” Rules; the Practice Manual and various...
2024 INSIGHTS WITH THE TEAM: RESTRAINTS OF TRADE, HOW AND WHEN CAN THEY BE ENFORCED WITH MELANIE HART

2024 INSIGHTS WITH THE TEAM: RESTRAINTS OF TRADE, HOW AND WHEN CAN THEY BE ENFORCED WITH MELANIE HART

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...
BASIC CONDITIONS OF EMPLOYMENT ACT: INCREASE IN THE EARNINGS THRESHOLD

BASIC CONDITIONS OF EMPLOYMENT ACT: INCREASE IN THE EARNINGS THRESHOLD

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...
RELIEF FOR EMPLOYERS WHEN AN EMPLOYEE FRUSTRATES THE DISCIPLINARY PROCESS

RELIEF FOR EMPLOYERS WHEN AN EMPLOYEE FRUSTRATES THE DISCIPLINARY PROCESS

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...
ANY PARENT(S) ENTITLED TO 4 MONTHS’ PARENTAL LEAVE

ANY PARENT(S) ENTITLED TO 4 MONTHS’ PARENTAL LEAVE

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...
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