Following extensive negotiations, the Council of the European Union (EU) formally adopted the Corporate Sustainability Due Diligence Directive (the CS3D) on 24 May 2024. Once fully implemented, both EU and non-EU companies, as well as their ‘upstream’ and ‘downstream’ value chains (or “chain of activities”), will be subject to mandatory human rights
In a January 2024 judgment the Labour Court reaffirmed the principles pertaining to the doctrine of common purpose in relation to violent acts committed by groups of employees during strike action.
In November 2018, about 2500 employees of a pharmaceutical retailer embarked on a protected strike which was subject to picketing rules. Following non-compliance with
During the height of the 2020 Covid-19 pandemic, the employer, Concrete Lining Products, decided to close down operations from 25 March to 16 April 2020 whilst continuing to pay its employees in full for that period, with the amount paid to be offset against the employees’ annual leave for days not worked.
The applicant
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
This blog was co-authored by Likho Chitha, Candidate Attorney
On 1 February 2024, the Minister of Employment and Labour increased the national minimum wage by 8.5% from R25.42 to R27.58 for each ordinary hour worked from 1 March 2024.
The increase will apply to most workers, including farm workers and domestic workers whose minimum
This blog was co-authored by Tasmia Immam Alli, Candidate Attorney
In a February 2023 Labour Appeal Court (LAC) case Wheelwright v CP De Leeuw Johannesburg (Pty) Ltd, the LAC held that a restraint of trade agreement pursuant to an employment contract can be extinguished by a full and final settlement agreement which does not
In February 2023 the Labour Court delivered judgment in a review of an arbitration award of the CCMA. The employees concerned were charged and dismissed for gross insubordination when they refused to obey the instruction of their manager to work overtime. The CCMA found the dismissals to be substantively fair.
During evidence at the arbitration
On Friday, 12 May 2023, the Minister of Employment and Labour (the Minister) published the long-promised sectoral targets. The draft sectoral targets can be viewed here.
The draft sectoral targets follow on the President signing the Employment Equity Amendment Act, 2022 (the Amendment Act) into law on 14 April 2023.
The Amendment Act introduces
This blog was co-authored by Heidi Davis, Trainee Associate
On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended.
Following unsuccessful claims in both the
This blog was co-authored by Muhammad Mirza, Trainee Associate
On 20 February 2023, the Labour Court found that historical knowledge and information obtained by an employee during her employment with her former employer, did not constitute trade secrets or a protectable interest. The former employee (employee) was therefore free to work for the applicant’s