Zaid Majiet

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Unpacking the urgency element in restraint of trade applications

In modern employment contracts, restraint of trade clauses are commonly inserted to protect the employer’s proprietary interests. The purpose thereof is to prohibit an employee for a specified period and prescribed geographical area from taking up employment with a direct competitor. Employers need to be wary of employees who breach restraint of trade clauses and … Continue reading

Changes to BCEA Earnings Threshold and to National Minimum Wage Act from 1 March 2023

The Minister of Labour has determined that from 1 March 2023, the earnings threshold under the Basic Conditions of Employment Act, 1997 (BCEA) increased from R224 080.48 per annum (approximately R18 673.37 per month) to R241 110.59 per annum (approximately R20 092.55 per month). The national minimum wage increased from R23.19 per hour to R25.42 for … Continue reading

Enforcement of a restraint of trade agreement fails for lack of proof of a protectable interest

This blog was co-authored by Felix Le Roux, Candidate Attorney On 8 November 2022, the Labour Court dismissed an urgent application by an employer, a national gym organisation, in which it sought to enforce the terms of a restraint of trade agreement against their former national sales manager who took up employment with their main … Continue reading
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