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Two-Pot retirement system – next steps for administrators, employers & employees

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With the President signing the Revenue Laws Amendment Bill into law on 1 June 2024, this means the signing of the Pension Funds Amendment Bill is imminent, and the Two-Pot retirement system is confirmed to roll out as proposed on 1 September 2024.

Dealing with an employee refusal to testify at an arbitration or...

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Claire Turner | Provincial Manager | CEO | Consolidated Employers Organisation (CEO SA) | mail me | Employers might face situations where witnesses necessary for...

Labour law – what is reasonable?

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The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer is reluctant to establish a precedent of granting such large increases, then demanding such a significant raise may not be considered reasonable from their perspective.

The state is not an employer!

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Election season is coming up soon in South Africa, and those with governmental power have started promising jobs to the millions who are unemployed. Yet anyone who has an inkling of economic knowledge would know that the politicians are writing cheques with their mouths, and that they will be unable to cash their actions.

Dirty hands will be caned at CCMA

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In common law employers and employees have the obligation to treat each other fairly and within the law.

Whistleblowing in South Africa  – what are employers’ obligations? 

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Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the public and private sectors. 

The ‘Ins and Outs’ of Restraint of Trade Agreements

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A restraint of trade is used to protect an Employer’s proprietary interests from being accessed by an Employer’s competitors. The Employer’s proprietary interests include, but are not limited to, trade secrets and confidential information, goodwill, and skills. An enforceable restraint of trade will prevent an Employee from joining an Employer’s direct competitor if the Employee has acquired confidential information and trade secrets from the former Employer.

Labour liberalisation key to incentivise employment and small business growth

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South Africa’s labour-law regime is difficult, if not impossible, for small businesses to comply with. It imposes a relatively higher cost on them than on large firms. This leads to fewer people employed in small businesses, and often leads to small businesses not being formalised and therefore certainly not complying with the law.

Retrenchment – the duty to consult

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Before making any decision to retrench employers are required to first consult with the union or affected employees on a number of issues, the most important of which is any means of avoiding job losses.

Conflicts of interest explained

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‘Conflict of interest’ means different things to different people - just ask the miscreants who were fingered in the state captured report, who will provide you with an assortment of different definitions to explain away their indiscretions.

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