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Navigating Employee Dismissal in South Africa: A Comprehensive Guide to Fair Termination Processes

Introduction In the realm of employment, the unfortunate reality is that sometimes it becomes necessary to dismiss an employee. However, the process of employee dismissal must adhere to specific legal requirements, ensuring fairness and proper procedure. This article will delve into the topic of dismissing an employee in South Africa, exploring the legal framework, steps...

Restraint of trade VS confidentiality – Know the difference.

As an employer it is crucial to safeguard your business interests both throughout and upon the termination of employment contracts. This can be accomplished through the implementation of confidentiality or restraint of trade agreements. Many employers and employees tend to get confused between the two. A confidentiality agreement also known as a non-disclosure agreement, is...

You’re fired!!!

Misconduct may present itself in many forms and the Labour Relations, Act 66 of 1995 (LRA), as amended, makes provision for steps to be taken by an employer.  More often than not, the employer’s first reaction in dealing with a misbehaving employee, is to seek dismissal. However, this approach should not be the first option...

Load Shedding

NO electricity, NO work, NO pay? How can employers limit load shedding’s labour cost implications, lawfully? Employers should ensure that they do not fall foul of labour laws and our common law by adopting a no work, no pay policy during power outages. If the employer expects employees to render their services as per their...

New laws, new contracts?

Does your existing leave policies, procedures and employment contracts correspond with the recent changes brought about by the Labour Laws Amendment Act 10 of 2018? The Labour Laws Amendment Act (LLA Act), amends the Basic Conditions of Employment Act (BCEA) to include parental, adoption and commissioning parental leave to employees. This entitlement cannot be reduced...

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