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 in South Africa

Employment and labour law play a crucial role in fostering fair, compliant, and productive workplaces in South Africa. These laws regulate the relationship between employers and employees, covering rights, responsibilities, and key labour legislation. Whether you are an employee seeking to protect your rights or an employer striving for compliance, consulting experienced labour lawyers ensures that your legal interests are safeguarded effectively.

Employment Law - Labour Lawyers Johannesburg

Your Rights as an Employee

Employees are entitled to fundamental rights that safeguard their dignity, safety, and financial security. If your rights have been violated, our legal team can help you take the necessary steps to seek justice.

Key Employee Rights Under South African Labour Law

  • Fair Treatment – Protection against unfair dismissal, workplace discrimination, and victimization.
  • Safe Working Conditions – Employers must provide a physically and psychologically safe work environment.
  • Fair Labour Practices – Including fair wages, reasonable working hours, overtime pay, and leave benefits as per the BCEA Act.
  • Access to Legal Recourse – Employees can resolve grievances through unions, labour inspectors, or alternative dispute resolution.
  • Leave Benefits – Guaranteed rights to annual leave, sick leave, maternity leave, and family responsibility leave.

Case Example: Media 24 Ltd v Grobler

This landmark case established the employer’s duty to prevent workplace harassment. The employer was held liable for an employee’s psychological harm due to workplace sexual harassment, reinforcing the importance of proactive workplace policies.

If you have experienced unfair dismissal, discrimination, workplace harassment, or unsafe conditions, we are here to help you assert your rights and seek legal redress.

Your Rights as an Employer

Employers have the right to expect a professional, law-abiding workforce while maintaining compliance with employment law South Africa. Our legal team provides support to ensure businesses operate within the law while fostering harmonious employer-employee relations.

Key Employer Rights Under South African Labour Law

Employers have the right to:

  • Expect Employees to Fulfill Their Duties – Workers must perform their agreed tasks and follow lawful instructions.
  • Maintain Workplace Rules and Standards – Employees must comply with company policies and performance requirements.
  • Ensure Good Faith Conduct – Employees should act in a manner that does not harm the employer’s interests.
  • Prevent Misconduct – Employers can take disciplinary action against dishonest or unlawful behavior.

Case Example: Foschini Group v Maidi

This case highlighted that employers can take collective action against employees who contribute to workplace losses through negligence, emphasizing the role of clear employment policies.

How We Assist Employers

Our labour lawyers help businesses:

  • Draft legally sound employment contracts and policies.
  • Implement fair and compliant workplace rules.
  • Resolve disputes through mediation, arbitration, or legal representation.
  • Protect business interests while ensuring fair employment practices.

The Labour Relations Act (LRA) and Basic Conditions of Employment Act (BCEA) form the foundation of employment law in South Africa, ensuring fairness in the workplace.

Key Labour Legislation Employers and Employees Must Know

  • Basic Conditions of Employment Act (BCEA) – Regulates working hours, leave entitlements, wages, and overtime.
  • Labour Relations Act (LRA) – Governs trade union activities, fair dismissal procedures, and dispute resolution.
  • Occupational Health and Safety Act – Mandates safe working conditions to prevent workplace injuries.
  • Employment Equity Act – Prohibits workplace discrimination and promotes equal opportunity.
  • Compensation for Occupational Injuries and Diseases Act – Provides financial protection for workplace-related injuries or illnesses.
  • Skills Development Act – Encourages employee training and skills development.

Balancing Rights and Responsibilities

South African employment law establishes a balance between employee rights and employer responsibilities. While employees have the right to fair treatment and safe conditions, they must also fulfill their contractual duties and follow company policies. Employers, in turn, must uphold labour laws while maintaining productivity and efficiency.

Why Choose Au Camp Labour Lawyers?

  • Comprehensive Legal Services – Assistance with employment contracts, workplace policies, disputes, and compliance.
  • Tailored Legal Support – Practical solutions designed to meet the needs of both employees and employers.
  • Expert Representation – Skilled labour lawyers with extensive experience in employment law and dispute resolution.

Take Action Today

Whether you are an employee facing workplace challenges or an employer seeking legal compliance, our team is here to help. Contact Aucamp Labour Lawyers in Johannesburg to schedule a consultation and secure a fair, legally sound resolution to your employment concerns.