RESTRAINTS OF TRADE AND PUBLIC POLICY

RESTRAINTS OF TRADE AND PUBLIC POLICY

The “enforceability of contracts is essential both for commerce and fair employment practices.” In the recent judgment of Shoprite Checkers (Pty) Ltd v Tebogo Kgatle and Clicks Retailers (Pty) Ltd[1] the High Court upheld the enforceability of a restraint of trade and...
REPLACEMENT LABOUR DURING A ‘LOCK-OUT’

REPLACEMENT LABOUR DURING A ‘LOCK-OUT’

The interpretation of the exception contained in section 76(1)(b) of the LRA. “An employer who embarks on a lock-out may not, as a general rule, use replacement labour to perform the work of the locked-out employees. There is one exception: if the lock-out “is in...