Employment and Labour Law

 

 

 

Yes, an employer can prevent you from working for a competitor if your employment contract includes a restraint of trade clause.

A restraint of trade clause protects the employer’s business interests (e.g., confidential information or trade secrets) by restricting you from:
* Working for a competitor,
* Starting a similar business,
* Practicing a specific profession,
...for a set period of time and within a specified area.

Is It Enforceable?
There’s no fixed rule on whether a restraint of trade is fair or unfair. Each case is assessed based on its unique circumstances. Generally:
* Reasonableness matters: The stricter the restraint (e.g., a long time period or large area), the more justification the employer needs to enforce it.

If you’re unsure about a restraint of trade in your contract or need advice, contact us for expert legal guidance.

No, if you resign or retire you are not eligible to claim unemployment benefits from the Unemployment Insurance Fund (UIF).

You should always notify your HR Department as early as possible in the pregnancy to ensure that systems can be put in place for you 

You have rights in the work place during pregnancy and after - 

Duration of Leave
Pregnant employees are entitled to at least 4 consecutive months of unpaid maternity leave.
Leave can begin up to 4 weeks before the due date or earlier if a doctor or midwife recommends it.

Leave Protection
Maternity leave cannot be reduced or altered by any employment contract.

Safety at Work
Pregnant or breastfeeding employees cannot be required to perform work that is unsafe for them or their child.

Reasonable Accommodation
Employers must make adjustments to accommodate pregnant employees. This includes identifying and addressing health and safety risks (e.g., ergonomic hazards).

Benefits During Leave
Employees on maternity leave can claim benefits from the Unemployment Insurance Fund (UIF).

If you believe your dismissal was unfair, you have several legal options in South Africa:


Constructive Dismissal
If you resigned due to mistreatment that made continued employment intolerable:
* Refer your case to the CCMA within 30 days of your resignation.
* Complete and submit the referral form (available on the CCMA website).
* Serve the form on your employer and include proof of delivery.
* Prove that your employer caused intolerable working conditions.


Unfair Dismissal or Employment Condition Disputes
* If you were dismissed for refusing changes to your employment terms, you can sue for automatically unfair dismissal in the Labour Court or civil courts.
* Disputes related to your employment contract can also be addressed through these courts.


Resigning During Disciplinary Action
* You may resign at any time if it doesn’t breach your contract.
* If you resign during disciplinary proceedings, your employer can continue the hearings until your notice period ends.


Written Resignation
* You must provide written notice (SMS, email, or WhatsApp are valid forms).
* Notice periods:
    - 1 week if employed for 6 months or less.
    - 2 weeks if employed for 6 months to 1 year.


Seek Professional Advice
Consult a labour law attorney for guidance on your specific case to protect your rights and ensure the best course of action.
For tailored legal assistance regarding dismissal, reach out to our experienced team for support.

Employee termination in South Africa can occur for various legal reasons, categorized as follows:
Voluntary Termination
The employee decides to resign due to personal or professional reasons, such as better opportunities, lack of growth, or retirement plans.
Involuntary Termination
The employer dismisses the employee for valid reasons, including:
* Poor performance
* Misconduct (e.g., insubordination or harassment)
* Violation of company policies
Mutual Termination
Both parties agree to end the employment relationship amicably, avoiding disputes.
Retrenchment (Operational Requirements)
Employers may terminate employees due to economic or operational needs, following fair procedures and offering severance pay.
Dismissal for Misconduct or Incapacity
* Misconduct: Termination due to unacceptable behavior like theft, dishonesty, or harassment.
* Incapacity: Termination based on health issues or inability to meet performance requirements after fair assessment.

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Employment and Labour Law

Employment law is essential for fostering fair, compliant, and productive workplaces in South Africa. It regulates the relationship between employers and employees by addressing rights, responsibilities, and labour legislation. Whether you are an employee seeking to protect your rights or an employer striving for compliance, expert legal assistance ensures your interests are safeguarded.

Employment Law

How We Can Assist Employees

Employees are entitled to fundamental rights that protect their dignity, safety, and livelihood. If you feel your rights have been violated, our legal team can guide you through the necessary steps to secure justice.

Your Rights as an Employee

  • Fair Treatment Protection against unfair dismissal, discrimination, and victimization.
  • Safe Working Conditions Employers must ensure both physical and psychological safety.
  • Fair Labour Practices Including timely remuneration, leave benefits, and dignified treatment.
  • Access to Legal Recourse Grievances can be addressed through union representation, labour inspectors, or dispute resolution mechanisms.
  • Leave Benefits As outlined in the Basic Conditions of Employment Act (BCEA).

Example Case - Media 24 Ltd v Grobler
This landmark case highlights the employer’s duty to prevent workplace harassment. Damages were awarded to an employee who suffered psychological harm due to sexual harassment, setting a precedent for employer accountability.

If you face workplace challenges such as unfair dismissal, harassment, or unsafe conditions, we are here to help you assert your rights and seek redress.

How We Can Assist Employers?

Maintaining a compliant and efficient workplace is vital for long-term success. Our team provides legal support to help employers navigate complex labour laws while fostering harmonious employee relations.

Your Rights as an Employer

Employers can expect their employees to

  • Fulfill agreed duties and follow lawful instructions.
  • Comply with workplace rules, policies, and performance standards.
  • Act in good faith to protect the employer’s interests.
  • Report dishonest or unlawful activities within the organization.

Example Case - Foschini Group v Maidi
This case demonstrated that employers could hold groups accountable for collective misconduct, such as failing to prevent substantial stock losses, reinforcing the importance of workplace policies.

We assist employers with contract drafting, policy implementation, dispute resolution, and legal representation to minimize risks and maintain compliance.

Understanding and adhering to South Africa’s labour laws is crucial for both employers and employees.

  • Basic Conditions of Employment Act (BCEA) Regulates working hours, leave entitlements, wages, and overtime.
  • Labour Relations Act (LRA) Governs trade union activities, dismissal procedures, and dispute resolution.
  • Occupational Health and Safety Act Mandates safe and hazard-free working environments.
  • Employment Equity Act Prohibits workplace discrimination and promotes equality.
  • Compensation for Occupational Injuries and Diseases Act Provides financial support for workplace injuries or illnesses.
  • Skills Development Act Encourages training and upskilling for employees.

Balancing Rights and Obligations

Employment law establishes a balance where employee rights align with employer responsibilities. Employers are obligated to meet legal standards that protect workers, while employees must adhere to workplace policies and act in good faith. This mutual understanding promotes fairness and efficiency.

Why Choose Us?

Navigating employment law requires expertise and precision. Our legal team offers

  • Comprehensive Services Assistance with contracts, policies, grievances, and dispute resolution.
  • Tailored Advice Customized solutions for employees and employers.
  • Expert Representation Skilled attorneys with extensive experience in employment law.

Take Action Today

Whether you’re an employee facing workplace challenges or an employer aiming for compliance, our team is here to provide guidance and support. Contact us to schedule a consultation and let us help you achieve fair and effective outcomes.