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Beyond 60 – judgment upholds right to work & challenges retirement...

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A recent judgment by the Labour Court confirms the current untenable position that many working-class South Africans find themselves in - being unable to retire comfortably at the standard retirement age, thus necessitating working beyond retirement.

Extended notice periods – are they enforceable?

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You’ve just received your dream job offer, but there’s a catch. You need to start the new job in a month’s time, but your current employer requires you to give three months’ notice.

Beware cancelling concluded employment contracts

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The courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet started work. For example, in the case of Wyeth SA (Pty) Ltd vs Manqele (People Dynamics, September 2003 page 39). Manqele was offered a position by the employer as a sales rep.

Understanding and overcoming repudiation in employee benefits

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Having a financial safety net in place through employee benefits can provide some much-needed reassurance that you and your family are protected if the worst happens. But, did you know there’s more to consider when looking into employee benefit plans other than what is offered?

The validity, enforceability and settlement of restraint of trade undertakings

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In many cases when employers hire executive level, management or key employees, there is a recognition that these hires can impact the success of the business, due to the individual's recognition in their industry, or knowledge and experience, or client and customer relationships, or a combination of all of these qualities.

Are unemployed South Africans the victims of unfair labour laws?

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If jobseekers in South Africa currently had the right to freely enter voluntary contracts with employers at wages and on conditions acceptable to both parties, the country would not have mass unemployment. Figures recently released by Statistics SA confirm the statement by the International Labour Organisation (ILO) that at 29.8 percent South Africa had the highest unemployment rate in the world. At 4.9 percent the USA had the lowest rate.

Offers of employment – don’t take risks

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Employers are reminded to avoid providing offers of employment if the relevant recruitment processes or details of a vacant post have not been finalised as a valid employment agreement may still be created and enforced through offer and acceptance.

Resignation terminates contract of employment and cannot be withdrawn

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Once an employee has resigned the employee cannot withdraw the resignation unless the employer consents thereto. This consent must be given prior to the expiry of the employee’s notice period when the resignation becomes effective, failing which a fresh agreement of employment will have to be concluded.

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.

Zimbabwean Special Permits – additional clarity and guidance

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On 18 August 2022, we published an opinion piece regarding the decision of the Department of Home Affairs (DHA) to no longer extend the Zimbabwean Exemption Permits (ZEPs), which are set to expire on 31 December 2022.

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