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If you have a smartphone, you probably use Whatsapp daily. This handy little app has 1,3 billion monthly active users, but is often controversial - sending your data to Facebook…
The enforcability of restraints of trade
Employing a key staff member can feel like risky business. They will get to know your clients, your systems, your "tricks of the trade". All well and good: you want…
Exiting the exit agreement: a departing employee’s claims of coercion and duress
It happens with some regularity that an employee refers a dismissal dispute to the CCMA, and the employer arrives at the hearing bearing a termination agreement with the employee's signature. In it, the…
Aspects of the right to holiday leave
All employees enjoy the right to annual paid holiday leave from work. When an employment relationship comes to an end, an employee is entitled to be paid out for leave…
To DVD or not to DVD – the Consumer Protection Act in practice
Charlize is an avid cinema fan. Since she watches films on DVD each and every week, she takes out a DVD contract with her local DVD store, and units are…
Employee or independent contractor?
The question whether someone is an employee or an independent contractor is one which the courts and CCMA have had to consider time and again over many years. The issue…
Decoding Legalese: Part 1 SEVERABILITY
Most written agreements end off with a number of “boilerplate” clauses, being the small print that is usually glossed over. These are standardised clauses which deal with general matters and…
Decoding legalese – part 2: “entire agreement” clauses
This series of updates seeks to decode the legalese in some of the most common "boilerplate" clauses commonly found at the end of contracts. Another very common clause is the…
Making sense of Contracts – Presumptions in the Interpretation of Contracts
Presumptions are aids for obtaining clarity when reading and applying the terms of written contracts. They originate from what is known to happen in the ordinary course, and generally promote…
Fixed term employment contracts – new law!
The Labour Relations Act will soon be amended to change the law on fixed term employment (meaning for example employment "for one month", "until X returns from maternity leave", or…