Managing People

The employers responsibility during the transfer of an employee

One of the automatic consequences of a transfer in terms of section 197 of the Labour Relations Act 66 of 1995 is that the new employer is substituted, or ‘steps into the shoes’, of the old employer.

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Limitation of the employer’s right to lock out

In the case of Transport and Allied Workers Union of South Africa v PUTCO Limited [2016] ZACC 7, the Constitutional Court pronounced that an employer may not impose an offensive lock-out in respect of members of a union who are not party to a

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Restraints of trade: a useful guide for employers

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A restraint of trade is an agreement between an employer and an employee, or a provision in an employment contract that restricts an employee from entering into employment with a competitor of the employer, or establishing a business in competition with the employer, for a spe

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Accepting an alternative to retrenchment

When may an employer proceed to retrench employees if they have not accepted an alternative to retrenchment by the deadline for doing so?

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Labour court case on employment equity

Simplified summary of the recent Labour Court Case related to quotas and opposed to targets in employment equity.

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Are employers responsible for employee posts?

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Most employers are not aware, or concerned, that amongst other things, they can be held vicariously liable for the statements posted by employees on online networks and social media, if such posts take place “in the course of employment”.

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Labour disputes for companies under liquidation

Can employees who have lodged a claim in the Labour Court against an employer that has gone into liquidation proceed with their claim if they have not provided the liquidator with the requisite notice as required by South Africa’s company law

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Who is entitled to a 13th Cheque?

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Is an employee employed on a fixed term contract entitled to be paid a 13th cheque where his contract does not provide for one but there is a practice and procedure of paying a 13th cheque to all other employees?

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Restraint of Trade: The good, the bad and the ugly

A subject that is mired in misunderstandings, wishful thinking and bad market intelligence is the issue of a Restraint of Trade.

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Who to consult during a retrenchment exercise

During a contemplated retrenchment exercise, an employer has a legal obligation to consult with parties that might be affected by the retrenchment based on operational requirements of the employer.

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