Courts willing to consider evidence beyond a contract’s written terms
Modern contract interpretation permits surrounding circumstances to explain contractual meaning – undermining SARS’s argument that extrinsic evidence is inadmissible.
#employmentcontracts
Terms of a restraint of trade must be clearly set out
Three recent judgments in employment disputes underscore that courts will enforce only those restraint-of-trade clauses that are drafted with precision, protect a genuine employer interest, and strike a fair balance between competition and individual freedom
Navigating the retirement age maze: a practical guide for employers
Synchronising employment agreements with the rules of occupational retirement funds promotes legal certainty, secures employee benefits, and smooths succession planning.
Dismissal may void restraint of trade, says Labour Court
A recent judgment suggests employers may lose the right to enforce restraints of trade when they terminate staff for misconduct.
ConCourt divided over employers’ right to dismiss post-retirement employees
Can an employer rely on section 187(2)(b) of the Labour Relations Act when dismissing an employee who has worked beyond the normal or agreed retirement age?
