When Is A Restraint Of Trade Agreement In An Employment Contract Enforceable In Law?
A restraint of trade agreement in an employment contract states that on termination of employment, such employee will be restricted from working in a specific industry, for a specified period and in a certain geographical area. The purpose of a restraint of trade agreement is to protect the employer's business interests to retain its competitive edge (such as trade secrets, confidential information and client base), which a competitor could use to the employer’s detriment. The laws of contract...
POPIA – Code Of Conduct Brings About More Accountability For Sectors
The Information Regulator has on 12 October 2022 approved two codes of conduct, which came into effect on 5 November 2022: Code of conduct from the Credit Bureau Association (CBA); Code of conduct from the Banking Association South Africa (BASA). The Information Regulator has issued these first Codes of Conduct since its establishment to ensure clarity on conditions for the lawful processing of personal information and how these conditions are to be applied and complied with,...
The Code Of Good Practice On The Protection Of Employees Returning To Work After Maternity Leave
In terms of Section 87(2) of the Basic Conditions of Employment Act, 1997, the Minister of Labour, after consulting NEDLAC, has issued under Section 87(1)(b) of that Act a Code of Good Practice on the Protection of Employees during Pregnancy and after the birth of a child. The Schedule (hereinafter referred to as “the code”) protects employees during pregnancy and after the birth of a child. It makes provision for breastfeeding or lactating mothers upon their return to work after maternity...
DYK – A Registered Trade Union’s Failure To Comply With Section 21 Requirements May Justify An Employer’s Refusal To Meet With The Trade Union?
Registered trade unions that wish to obtain any organisational rights in terms of the Labour Relations Act (LRA) 66 of 1995 need to notify the employer of this intention. Section 21(1) and (2) of the LRA states that this notification needs to comply with the following requirements: It needs to be in writing;It must specify the workplace for which the trade union seek to exercise its rights;The representativeness of the trade union and facts relied upon to demonstrate that it is a...
Episode 144: Is Your Business Recruiting And Promoting With The Purpose Of Achieving Equitable Representation?
SEESA Skills Development Facilitators, Juanelle Mare and Marius Wiese discuss various methods companies can utilise to ensure that their recruitment and promotion procedures are in line with the requirement of the Employment Equity Act and look at its importance. Click on the play button below to listen to our podcast! Should you require additional information, please contact your SEESA Skills Development Facilitator, alternatively, leave your contact details on our website at www.seesa.co.za...
Does Dismissal Base On The Retirement Age Constitute Unfair Discrimination In Terms Of Section 187(1)(F) Of The Labour Relations Act 66 Of 1995(LRA)?
While it remains highly beneficial for companies to create a healthy environment that will lead to loyal and long-serving employees, employers are often faced with a difficult decision when they reach the agreed or normal retirement age. The employer might be sceptical of dismissing an employee based on age as it might amount to unfair discrimination that would constitute an automatically unfair dismissal. In terms of Section 187(1)(f) of the LRA, a dismissal is automatically unfair if the...
What Are The Benefits For South African Companies To Submit A Workplace Skills Plan And Annual Training Report Annually?
Submitting a Workplace Skills Plan and Annual Training Report is beneficial to your company as you get money back in the form of Mandatory Grants (20% of SDL contributions);Your company can apply for Discretionary Grants where more money is made available to companies to train and develop employees/learners as Learnerships, Apprenticeships, Recognition of Prior Learning, Internships etc.;Your company will qualify for the Skills Element’s points for the BEE Verification if you have a...
Why Is It Important For South African Companies To Submit Their Workplace Skills Plan And Annual Training Report Each Year?
The Skills Development Act 97 of 1998 and the Skills Development Levy Act 9 of 1999 were imposed in South Africa to encourage learning and development within South African companies. These Acts benefit not only the learners and/or employees in companies but also the company itself. With higher educated and more developed employees, a company has much more to offer concerning service delivery and workmanship, leading to higher productivity, being the preferred service provider and higher...
DYK – Employers May Search Employees Or Their Property In The Workplace
The law generally states that employers must have a reasonable basis to search, and confine the search to non-personal items. Visitation of personal items, like handbags, generally cannot be searched unless the employer has a valid reason to do so. The employer must have reasonable doubt that the employee is dishonest or has contravened the code of conduct in the workplace. Nothing in our law prevents an employer from adopting a workplace policy that enables the employer to search the employee...
Episode 143: The Supplier’s Responsibility In Holding Any Deposit Or Part Payment On Behalf Of A Consumer
SEESA Legal Advisors, Marike Brand and Jano Fourie, discuss the suppliers' responsibilities in the event that they hold any deposit or part payment on behalf of a consumer. They further discuss the suppliers' accountability to consumers in the event of the above. Click on the play button below to listen to our podcast! Should you require additional information regarding the Consumer Protection Act, please contact your nearest SEESA office. Alternatively, leave your contact details on our...