Business Link

Retirement Age

by Robert Niemand
In terms of section 187(1)(f) of the Labour Relations Act, a dismissal is automatically unfair if the reason for the dismissal is that the employer unfairly discriminated against the employee, directly or indirectly on an arbitrary ground, including but not limited to age, amongst other things.
Section 187(2)(b) creates an exception and provides that [...]

Filed in "Editorials, Labour | Read More...

Employment during projects or start-up ventures

by Robert Niemand
When starting off with a new venture, it is prudent to plan for every eventuality.
One of the considerations is staffing, i.e. the employment of personnel and the selection of the right personnel that will contribute to making the new venture a success. Sometimes the ideal candidate just does not deliver the goods or [...]

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Labour Brokering…

…debate sidelines real issues
by Ed Richardson
A seeming fixation by the trade unions and their government partners on labour brokering is potentially sidelining a more critical issue – that of skills training.
Workers – be they full time or contract – are employed for the value they add to a business in the form of their skills, [...]

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Restraints of Trade Clauses

by Robert Niemand
These types of clauses are aimed at protecting the employer after the employment relationship has been terminated for whatever reason.
Objective of restraint of trade clause:
A “restraint of trade” clause in the contract of employment governs the right of former employees to compete with their former employer’s business after they have resigned. The objective [...]

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Working overtime

in excess of the statutory maximum
by Robert Niemand
Some companies have implemented a practice of employees working in excess of the statutory maximum hours on particular days due to the nature of their operations.
Should employees refuse on any particular day to work beyond the statutory maximum, would the employer be able to lawfully discipline them for [...]

Filed in "Editorials, Labour | Read More...