After surviving a three year consultation process and hefty deliberations in the National Economic Development and Labour Council, strike ballot provisions were voted out of the Labour Relations Amendment Bill by Parliament’s labour committee last week. The provisions, which were intended to amend the sections regulating workers’ right to strike in the Labour Relations Act … Continue reading
With employees job-hopping more than ever, companies put at risk their clients, strategies and technical advantages if their employees are not properly restrained from moving on to competitor companies by enforceable restraints of trade. Although the Appellate Division has said with certainty that restraints of trade clauses are presumed to be enforceable in South African … Continue reading
This post was contributed by Kate Paterson In July 2013, the trade union Solidarity will take the Department of Correctional Services to the Labour Court in Cape Town for what is anticipated will be a week-long trial of the constitutionality of the Department’s employment equity plan. The plan is for the Department’s employees to be … Continue reading
This post was contributed by Sipelelo Litji, Lauren Coetzee and Kate Paterson Employers may be vicariously liable for an employee’s actions regardless of whether they are acting in the course and scope of their employment. This is according to a Supreme Court of Appeal judgment that found the Minister of Defence to be liable for … Continue reading