How the Restraint of Trade Clause Affects Employment Contracts in South Africa Understanding restraint of trade in South Africa is essential for both employer and employee, as many employment contracts in South Africa contain this clause. Simply seeing it as a standard part of the employment contract is a big mistake for the prospective employee.
The clash of constitutional rights and limitations in respect thereof is such a hot topic today and the possible confusion in respect thereof needs to be explored and understood to avoid incurring legal liability which may in the been a costly affair. We intend to discuss this more fully, more particularly, in the employment sphere,
MTENTU BRIDGE- PART TWO- Force Majeure – (What is required to establish Force Majeure in a Fidic Red Book 1999) In Joint Venture between Aveng (Africa Pty) Ltd and Strabag international GmbH (“the applicant”) versus Sanral and Lombard insurance Co Ltd Case no 8331/19, the Applicant approached the Pretoria High Court on an urgent basis
The answer to this question depends on the circumstances but note the Labour Appeal Court decision in the case of TDF Network Africa (Pty) Ltd v Deidre Beverley Faris where the employee who is an Adventist (religion known as Seventh day Adventist) and refused to work on a Saturday due to religiously reasons held, inter
Have You Been Discriminated Against for Being Pregnant? If you have been unfairly treated by your employer because you are pregnant, you have the right to take legal action against the employer. We highly recommend making use of our labour lawyers in Midrand (close to Centurion), as the labour laws of the country are complex
“You can get that cannabis feeling anytime, anyplace except when at work”. During September 2018, the Constitutional Court ruled that it is now legal to smoke and grow cannabis at home, in your own private space. But does that mean you cannot be dismissed by your employer if you attend work under the influence of