Managing Poor Performance In The Workplace: A Guide to Avoiding Unfair Dismissal Claims
Introduction Managing poor performance is a delicate but essential responsibility for employers striving to maintain workplace efficiency and productivity. While the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) provide a framework for...
Guiding Employers through the Legal Requirements for Transferring Employees in Business Sales or Mergers
When a business is transferred as a going concern, the new employer automatically steps into the shoes of the old employer with respect to all existing employment contracts. Section 197 of the Labour Relations Act 66 of 1995 as amended (“LRA”) aims to protect...
Navigating Mutual Separation Agreements: A Strategic Alternative to Employment Termination
Introduction Disputes and dissatisfaction can arise in the complex realm of employment relationships, creating the need for amicable resolutions. Among the strategies for addressing these challenges, the Mutual Separation Agreement (MSA) has emerged as a...
Understanding The Protectable Interest in Restraint of Trade
Introduction A restraint of trade clause restricts employees from engaging in activities that compete with their former employer after leaving the company. These clauses aim to protect the employer’s proprietary interests—such as trade secrets, confidential...
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