What employees should know about year-end bonuses
Employees don’t have a statutory right to a year-end bonus – payment depends on contract, collective agreement, policy, or binding past practice.
#employmentlaw
Risk manager’s restraint of trade remains even while appeal is pending
Allowing an appeal to suspend the restraint would render the firm’s contractual protection meaningless, as the restraint period could expire before an appeal is heard.
BUSA accuses labour department of ‘performative’ consultation on targets
Business Unity SA is seeking a review of the employment equity targets, arguing they are substantively and procedurally irrational.
New dismissal code recognises small business constraints
The code sets out how dismissals must meet substantive and procedural fairness requirements.
High Court dismisses bid to halt race and gender targets
Designated employers must begin aligning their workplace demographics with the Employment Equity Act’s numerical targets from 1 September.
LRA Amendment Bill caps dismissal remedies for high-income earners
The proposed changes limit employees earning over R1.8m a year to compensation – capped at their annual salary – for unfair dismissal claims.
Labour laws set for major overhaul
From stronger retrenchment safeguards to the inclusion of gig workers under formal labour protections, proposed amendments could redefine the future of work for millions of South Africans.
No shortcut to dismissing foreign nationals without work visas
A valid work permit may be absent, but fair labour procedures must still be followed.
Former Liberty manager and adviser must delete defamatory posts
The proper channels for resolving employment-related grievances are the statutory dispute-resolution bodies, not social media, says the High Court.
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
Equity targets spark fears of ‘unjust’ penalties for employers
The DA’s court challenge to the Employment Equity Amendment Act highlights not only constitutional questions but also the risk that inflexible sectoral targets and under-resourced bureaucracy will penalise even deserving employers.
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.
How the new employment equity rules impact your business
Moonstone Compliance’s webinar will provide practical guidance on aligning your employment equity plan with the amendments to the Act.
New draft code on dismissals: what employers need to know
The guidelines provide for more flexibility, particularly for small businesses, while redefining how issues such as misconduct and poor performance are handled.
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?
Restraint of trade binding on a consultant, High Court finds
The classification of a person as a consultant is not determinative in deciding whether a restraint of trade applies.
Agreement can’t override an FSP’s duty to initiate debarment proceedings
The High Court rules on a former employee’s contention that the FSP’s notice of intention to debar was a breach of their settlement agreement.
