Prepare for a Disciplinary Hearing

Why and How to Prepare for a Disciplinary Hearing as an Employer or Employee Whether you are an employee on the receiving end of a notice to attend a disciplinary hearing or are the employer, you need to prepare for a disciplinary hearing. Employees win many dismissal cases simply because the employers do not properly

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Restraint of Trade Clause

When is a Restraint of Trade Clause Enforceable? The restraint of trade is a clause in the employment contract to protect the employer against infringement of its proprietary interest, such as trade secrets, customer contacts, trade expertise, and pricing regimes. It is not intended to restrict an employee’s right to trade in their field of

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Construction Law Fee Options

Construction in South Africa today is a challenge for contractors, subcontractors, quantity surveyors, architects and project managers to mention a few. At Allardyce and Partners we understand that getting paid on time is essential for cash flow and to ensure the viability and profitability of projects. We also understand that no project is without its

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Amendments to the Basic Conditions of Employment Act

***The new amendments to the Basic Conditions of Employment Act significantly extend the jurisdiction of the CCMA to enforce the provisions of the BCEA and the New Minimum Wage Act.   The previous position when claiming the underpayment and/or non-payment of salaries In terms of section 32(3) of the BCEA, an employer must pay an

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The Sanctity of the Arbitration Process in Terms of an NEC3 Agreement

The sanctity of the arbitration process in terms of an NEC3 agreement. The courts respect the provisions of arbitration agreements. NEC contracts are a family of standardised contracts that are published commercially in the United Kingdom (the term “NEC” is an acronym for New Engineering Contract). These standard contracts provide various options that can be

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Unfair Dismissal

The Pitfalls to Avoid with Unfair Dismissals If an employer is found guilty of a procedural or substantial unfair dismissal of an employee, then according to the Labour Relations Act, the employer may be required to pay up to 12 months’ remuneration as compensation for the employee. The remuneration must be equal to the remuneration

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