Constructive dismissal occurs when an employer substantially alters, without the employee’s consent, an essential term of the employee’s contract of employment. This can give rise to litigation and financial liability for an employer. However, for a unilateral change by an employer to constitute constructive dismissal, the change must be a fundamental one going to the
In what may be considered a particularly rare occasion, the Ontario Court of Appeal has addressed an employment law issue in the context of Go-Kart racing.
In this case, the appellant volunteered to be a “race director” for a Go-Kart race, for which he received a small stipend. When a Go-Kart driver crashed into
This article was written by Steven Adams, an associate at Norton Rose Fulbright South Africa
Introduction
As opposed to various other jurisdictions, such as the United Kingdom, in South Africa, restraints of trade are generally enforceable unless the restraint is found to be unreasonable and contrary to public policy.
The purpose of enforcing a restraint
This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa
On 22 January 2016, the Constitutional Court held that, where there is not a request for facilitation, the failure to refer a dispute to conciliation or retrenching employees before the expiry of the mandatory 30-day periods prescribed by section 189A
In any recruitment process, it is legitimate for employers to inquire as to the professional skills and experience of candidates for vacant positions.
In order to avoid any excess actions on the employers’ part, French employment law provides that the information requested from any candidate may only serve the purpose of assessing his/her ability to