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There is a common assumption among employees (and many employers) that restraint of trade covenants are invalid and unenforceable especially in light of the right for South Africa citizens to [...]

Yes, but only if the manager can be regarded as a “senior managerial employee”, or if the manager earns over the relevant threshold determined by the Minister of Labour from time to [...]

Nowalaza and others v The office of the Chief Justice and others and another (J1177/2017) [2017] LC: The applicants in the recent decision in were judges’ secretaries (usually referred to [...]

Enforce security Group v  Mwelase and 46 0thers-(2017) LAC In this case the employer employed security officers and placed them at the premises of its clients.  The security officers’ [...]

Minister of Defence v SANDU and others 2007 (4) BCLR 398 (SCA) The Supreme Court of Appeal had to decide whether there was a legal enforceable duty on the South African National Defence Force as [...]

The rights and responsibilities of employers and employees alike are customarily embodied in the age old “control test” developed from an early stage in South African jurisprudence. Control and [...]

Employment law places a high premium on honesty.  The foundation of the employment relationship is trust and confidence.  Where this foundation is damaged, the parties cannot be [...]

In the recent South African Labour Appeal Court (“LAC”) decision of Total South Africa (Pty) Ltd v Meyer and others, the LAC, in addressing the issue of whether the decision to grant maximum [...]

A recent South African High Court decision explores some interesting issues regarding the scope of the Broad-Based Black Economic Empowerment Commission’s (the “Commission”) [...]

The Personal Information Act (POPIA) came into effect as of 1 July 2020, with a grace period of a year in which any person or organisation who keeps any type of records relating to the [...]