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Read more about the article The abrasive, confrontational employee – you’re fired?

The abrasive, confrontational employee – you’re fired?

  • Post author:Camilla Rose
  • Post published:16 August 2017
  • Post category:Employment law

An employment relationship is inherently unequal. The employer dishes out instructions, and the employee is duty-bound to follow those instructions (if they are lawful and reasonable), and in general to…

Continue ReadingThe abrasive, confrontational employee – you’re fired?
Read more about the article The enforcability of restraints of trade

The enforcability of restraints of trade

  • Post author:Camilla Rose
  • Post published:25 January 2017
  • Post category:Commercial law/Contracts/Employment law/General legal tips and updates

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…

Continue ReadingThe enforcability of restraints of trade
Read more about the article Exiting the exit agreement: a departing employee’s claims of coercion and duress

Exiting the exit agreement: a departing employee’s claims of coercion and duress

  • Post author:Camilla Rose
  • Post published:1 April 2016
  • Post category:Contracts/Employment law

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…

Continue ReadingExiting the exit agreement: a departing employee’s claims of coercion and duress
Read more about the article Key changes to the labour laws in 2015 – part 8: PART-TIME EMPLOYMENT

Key changes to the labour laws in 2015 – part 8: PART-TIME EMPLOYMENT

  • Post author:Camilla Rose
  • Post published:17 August 2015
  • Post category:Employment law

As this blog series comes to a close, we have yet to consider the recent changes to the law on part-time employment. Again, the new law applies only to employees…

Continue ReadingKey changes to the labour laws in 2015 – part 8: PART-TIME EMPLOYMENT
Read more about the article Key changes to the labour laws in 2015 – part 4: ARBITRATIONS IN LIEU OF DISCIPLINARY HEARINGS

Key changes to the labour laws in 2015 – part 4: ARBITRATIONS IN LIEU OF DISCIPLINARY HEARINGS

  • Post author:Camilla Rose
  • Post published:6 July 2015
  • Post category:Employment law

The Labour Relations Act has long provided for the possibility of what was called (to the dread of many an employee) a "pre-dismissal hearing". This had the effect of a CCMA…

Continue ReadingKey changes to the labour laws in 2015 – part 4: ARBITRATIONS IN LIEU OF DISCIPLINARY HEARINGS
Read more about the article Key changes to the labour laws in 2015 – part 3: ARBITRATION, THE LABOUR COURT AND REVIEW

Key changes to the labour laws in 2015 – part 3: ARBITRATION, THE LABOUR COURT AND REVIEW

  • Post author:Camilla Rose
  • Post published:22 June 2015
  • Post category:Employment law

PRIVATE ARBITRATION Where an employer and employee have made no other agreement about resolution of disputes between them, their disputes are generally conciliated and, if not required to go to…

Continue ReadingKey changes to the labour laws in 2015 – part 3: ARBITRATION, THE LABOUR COURT AND REVIEW

Employee or independent contractor?

  • Post author:Camilla Rose
  • Post published:11 October 2013
  • Post category:Commercial law/Contracts/Employment law

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…

Continue ReadingEmployee or independent contractor?

High earners to lose legal protections?

  • Post author:Camilla Rose
  • Post published:4 November 2012
  • Post category:Employment law

Another major change to our employment law is on the way via a new section 188B to be added to the Labour Relations Act. At present, all employees have recourse…

Continue ReadingHigh earners to lose legal protections?

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