Consistency is key: Restraints of Trade and the Pitfall of Selective Enforcement – A review of Altron Nexus (Pty) Ltd v Maurice Fowler and MST Critical Communications (Pty) Ltd
Accordingly, and in the event that an employer does apply a policy of selective enforcement of restraints of trade in its operations, it must, at the very least, be able to provide cogent, persuasive and reasonable justification for such a policy failing which its prospects of success in restraints-based litigation will be significantly diminished.
Dismissal versus retrenchment due to restructuring: Operational or Unfair?
A recent Constitutional Court (“CC”) judgment has allowed employers to breathe a collective sigh of relief in the comfort that they cannot be threatened with unfair dismissal proceedings where an employee has unreasonably rejected an employer’s proposals aimed at avoiding retrenchments, and where the employer commences to dismiss the employee by reason of its operational more...
The ‘Give and Take’ of the The Employment Equity Amendment Bill, 2018 (the “Bill”)
The Employment Equity Amendment Bill, 2018 (the “Bill”) and draft Employment Equity Regulations (the “EE Regulations”) are a direct consequence of the Department of Labour’s twenty-year review into the effectiveness of the Employment Equity Act, 55 of 1998 (the “EEA”). Although the provisions introduced by the Bill are not yet fully enforceable, their implications for more...
Labour Relations Amendment Act
Labour Relations Amendment Act