Tag: employment contract

Section 198B of the Labour Relations 66 of 1995 (LRA) provides that fixed term employees earning less than R205,433.30 per annum (Threshold) may only be employed for longer than three months if the work they perform is of a limited or definite duration or if the employer can demonstrate any other justifiable reason for fixing the term of the contract.

Working time including overtime is regulated by the Basic Conditions of Employment Act, but many workers are not familiar with the technicalities of these laws and many employers do not adhere to the rules.

Employees often resign with immediate effect when facing disciplinary action. Employers may be unsure whether they can continue with an intended disciplinary action? Unfortunately, the Labour Courts' decisions on this issue have not always been clear or consistent.

The untrained layperson cannot be expected to travel through the jungle of labour case law without a guide who has a solid labour law track record. The question is, how do you distinguish a true labour law expert from one who will lead you astray? 

If you have signed an employment contract that specifies something different to the Basic Conditions of Employment Act (BCEA), this will supersede what’s outlined in the Act provided that there is agreement between the parties and the conditions specified are not less favourable than the BCEA. 

The Labour Court in South Africa recently considered whether a promotion nullified an original restraint of trade and other novel arguments raised by an employee who wanted to escape liability under a restrictive covenant contained in his employment contract.

Advocate Tertius Wessels | Legal Manager | Strata-G Labour Solutions | info@strata-g.co.za | www.strata-g.co.za  | The resignation of KPMG’s CEO and other senior executive and board members,...