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.
In the case of Transport and Allied Workers Union of South Africa v PUTCO Limited  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
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
When may an employer proceed to retrench employees if they have not accepted an alternative to retrenchment by the deadline for doing so?
Simplified summary of the recent Labour Court Case related to quotas and opposed to targets in employment equity.
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”.
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
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?
A subject that is mired in misunderstandings, wishful thinking and bad market intelligence is the issue of a Restraint of Trade.
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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