Restraint of Trade in South Africa

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.

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Constructive Dismissal

When Can an Employee Resign and Claim Constructive Dismissal? Have you resigned because your employer has made the workplace as unbearable as possible to force you to resign? Was the situation intolerable to such an extent that you felt it impossible to stay at the job? If so, you may have sufficient grounds to claim

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Labour Law Services

Labour Law Services – Avoid Mistakes in Drafting Employment Contracts As an employer, you want to protect your interests, but also provide a fair employment contract to your employees. Since you are not necessarily familiar with all the labour and employment laws and their amendments, it is important to make use of attorneys to help

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Freedom of Speech Versus Right to Privacy

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,

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MTENTU BRIDGE- PART TWO

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

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Can an employer force you to work overtime and/or on a public holiday?

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

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