Retrenchment and severance pay in South Africa – what employers and employees need to know

2024-10-28T08:42:28+02:00

A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a new employer.

However, this is only under very specific circumstances—specifically, where the employer swiftly takes action and actively secures the new job.

Legal experts at Cliffe Dekker [more…]

Retrenchment and severance pay in South Africa – what employers and employees need to know2024-10-28T08:42:28+02:00

Should a resignation be reduced to writing? Are you staying or going?

2024-07-17T09:05:56+02:00

Employers are often over-hasty to conclude that an employee’s actions amount to a resignation where it suits the employer. Caution should be exercised.

A contract of employment can end at the employer’s instance, in the form of a dismissal, or by the employee in the form of a resignation. Although a written resignation is preferred, sometimes [more…]

Should a resignation be reduced to writing? Are you staying or going?2024-07-17T09:05:56+02:00

What is the difference between permanent, fixed term and part time contracts of employment?

2024-03-12T08:14:12+02:00

Permanent, fixed term and part time employment contracts are governed by both the Labour Relations Act as well as the Basic Conditions of Employment Act, which regulate the employment relationship (including rights, duties and obligations) between the employer and the employee.

Permanent employment contracts

A permanent employment contract endures indefinitely or at least until the date of retirement, subject to [more…]

What is the difference between permanent, fixed term and part time contracts of employment?2024-03-12T08:14:12+02:00

Are restraint of trade agreements important for business?

2018-02-27T08:42:52+02:00

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 being employed by a competitor of the employer, or establishing a business in competition with the employer following termination of employment.

TIBMS (Pty) Ltd t/a Halo Underground Lighting Systems v Knight [more…]

Are restraint of trade agreements important for business?2018-02-27T08:42:52+02:00

Monitoring communications in the workplace

2018-02-22T13:54:36+02:00

The Regulation of Interception of Communication and Provision of Communication-Related Information Act, 70 of 2002 (RICA) has become more commonly associated with cell phone sim card registrations. It is a generally unknown fact that RICA deals extensively with, in addition to the above, communications in the workplace.

What RICA regulates in the workplace

RICA regulates an [more…]

Monitoring communications in the workplace2018-02-22T13:54:36+02:00
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